State of Tennessee v. Alberto Camacho

Appellant, Alberto Camacho, was indicted on six counts of theft and one count of impersonation of a licensed professional. After a jury trial, Appellant was convicted of four counts of theft over one thousand dollars, a Class D felony, two counts of theft over five hundred dollars, a Class E felony, and one count of impersonation of a licensed professional, a Class E felony. The trial court sentenced Appellant to four years for each Class D felony and two years for each Class E felony. The trial court ordered the sentences to run concurrently, for a total effective sentence of four years. The trial court further ordered Appellant to serve 200 days of the sentence day-for-day, with the balance of the sentence to be served on supervised probation. Appellant was also ordered to pay $750 per month toward restitution. Appellant appeals, arguing that the evidence was insufficient to support his convictions, that the trial court improperly instructed the jury on the charge of impersonation of a licensed professional and that his sentence is improper. Because the evidence was sufficient to support the convictions, the trial court properly instructed the jury and the trial court properly applied enhancement factors (2) and (16), we affirm the judgments of the trial court. However, because the trial court erred in imposing a sentence ordering Appellant to serve 200 days of the sentence day-for-day, we reverse that portion of the sentence and remand to the trial court for entry of an order deleting the requirement that the sentence be served day-for-day.