State of Tennessee v. Otis Melvin, Jr.

The Defendant-Appellant, Otis Melvin, Jr., was convicted by a Perry County jury of theft of property valued at $1,000 or more but less than $10,000, a Class D felony.  See T.C.A. §§ 39-14-103, -105 (2010).  The trial court denied Melvin’s request for judicial diversion and sentenced him as Range I, standard offender to one year in the Department of Correction.  The sentence was suspended to two years on supervised probation.  Melvin was also ordered to pay $7,022.11 in restitution to the Social Security Administration.  On appeal, Melvin argues that the evidence was insufficient to support his conviction and that the trial court abused its discretion in denying him judicial diversion.  Upon review, we affirm the theft  conviction and the two-year probationary sentence imposed by the trial court.  However, we remand the matter for entry of an amended judgment consistent with this opinion.