State of Tennessee v. David Duggan

A Bradley County jury convicted the Defendant, David Duggan, of facilitation to commit theft of property valued between $1000 and $10,000, facilitation of fraudulent alteration of a manufacturer’s identification number, and facilitation of identity theft, and the trial court sentenced the Defendant to an effective sentence of five years in the Tennessee Department of Correction. The Defendant appeals his convictions, claiming that the trial court erred when it: (1) denied the Defendant’s motion in limine to exclude the use of the Defendant’s prior convictions during trial; (2) denied the Defendant’s motion for acquittal; and (3) denied the Defendant a new trial based upon the State’s improper closing argument. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. Based upon a clerical error on one of the judgments of conviction, as will be discussed below, we remand this case to the trial court to amend the judgment of conviction form to reflect the proper statute section for the Defendant’s conviction for facilitation of fraudulent alteration of a  manufacturer’s identification number.