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STATE v. MARCH

No. M2006-02732-CCA-R3-CD.

293 S.W.3d 576 (2008)

STATE of Tennessee v. Perry A. MARCH.

Court of Criminal Appeals of Tennessee, at Nashville.

July 15, 2008.

Application for Permission to Appeal Denied by Supreme Court May 26, 2009.

Attorney(s) appearing for the Case

C. Edward Fowlkes and Michael J. Flanagan, Nashville, Tennessee, for the appellant, Perry A. March.

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Amy Eisenbeck and Benjamin Winters, Assistant District Attorneys General, for the appellee, State of Tennessee.

OPINION

JAMES CURWOOD WITT, JR., J., delivered the opinion of the court, in which JOHN EVERETT WILLIAMS, J., joined. JOSEPH M. TIPTON, P.J., filed a concurring opinion.

I. Appellate Jurisdiction

The defendant, Perry A. March, appeals his jury-imposed, Davidson County Criminal Court theft conviction and his five-year sentence. In his appeal, the defendant claims that the convicting evidence was insufficient because of a variance between the...

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