State of Tennessee v. John Anthony Lethco

A Sevier County Circuit Court jury convicted the defendant, John Anthony Lethco, of aggravated burglary, see T.C.A. § 39-14-403; possession of burglary tools, see id. § 39-14-701; theft of property valued at $60,000 or more, see id. § 39-14-103, -105(5); and theft of property valued at more than $500 but less than $1,000, see id. § 39-13-103, -105(2). At sentencing, the trial court ordered the defendant to serve an effective sentence of 27 years’ incarceration. On appeal, the defendant contends that the trial court erred (1) by denying his motion to sever offenses, (2) by allowing hearsay testimony from witnesses other than the victim concerning ownership of stolen items at trial, (3) by denying him the opportunity to confront his accuser at trial, (4) by denying his motion for new trial, and (5) by allowing argument by the State at trial concerning his reputation as a drug dealer. Because the defendant filed his notice of appeal prior to filing his motion for new trial, the trial court was without jurisdiction to rule on the motion for new trial. Thus, any issues raised therein are waived. We discern, however, an anomaly in the judgment of theft of property valued at more than $500 but less than $1,000 that requires correction on remand. In all other respects, we affirm the judgments of the trial court.