State of Tennessee v. Victoria Nicole Spicer

The Dickson County Grand Jury indicted Appellant, Victoria Spicer, for one count of theft of property worth more than $500 but less than $1,000 and one count of criminal trespass. At the conclusion of the State's proof, the State conceded that the evidence was insufficient to support a conviction for criminal trespass. At the end of trial, the jury convicted Appellant for one count of facilitation of theft, for property worth $500 or less. The trial court sentenced Appellant to six months in the county jail. On appeal, Appellant argues that her conviction cannot stand because theft of property worth $500 or less is a misdemeanor and the crime of facilitation under the statute applies only to felonies. The State concedes that facilitation of a misdemeanor is not a crime under the Tennessee statutory scheme. After a review of the record and the statute, we conclude that facilitation of a misdemeanor is not a crime under the statutes of Tennessee. Therefore, Appellant's conviction must be reversed and dismissed.