State of Tennessee v. David Troy Firestone
W2016-00347-CCA-R3-CD
| Tenn. Crim. App. | Feb 16, 2017Background
- Defendant David Troy Firestone pled guilty to burglary and theft; a bench trial was held to determine the value of stolen property for sentencing purposes.
- Victim Alma Cole stored a large inventory of shoes and clothing in a storage unit; she testified that 110–115 pairs of gym shoes plus other items were stolen and estimated total loss at $12,000–$13,000; Storage Town (through its insurer RBH, Inc.) paid Cole $5,000.
- Defendant admitted breaking through the shared wall from an adjacent unit, stealing items, and selling some goods for $185; he estimated the total theft at $5,000–$6,000 and said he was high on methamphetamine during the offense.
- Trial court credited the victim’s testimony, found the fair market value exceeded $10,000, convicted Firestone of Class C theft (theft ≥ $10,000), and imposed concurrent sentences: 4 years (burglary) and 5 years (theft) as a Range I offender.
- Trial court applied enhancement factors (previous criminal behavior; leader of multiple actors), denied full probation, ordered $7,000 restitution to Cole and $5,000 restitution to Storage Town of America (despite record showing insurer RBH paid Cole).
- On appeal, the court affirmed convictions and sentences but vacated restitution to Storage Town, finding no proof of pecuniary loss by Storage Town and noting an insurer may not receive restitution for amounts paid to the insured.
Issues
| Issue | State's Argument | Firestone's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that stolen property value > $10,000 | Victim’s credible testimony established > $10,000 loss; trial court credited her | Insufficient—conflicting counts of shoes stolen; defendant’s sale receipt and testimony show far less | Affirmed: viewing evidence in State’s favor, testimony supported value over $10,000 |
| Use of defendant’s admissions/ pending warrants as "criminal behavior" enhancement | Presentence report convictions, outstanding warrants, and long-term meth use show criminal behavior | Reliance on unadjudicated charges and self-reported drug use improper | Affirmed: even if some pending matters were improper, prior conviction and admitted long-term drug use support factor |
| Application of "leader" enhancement for multiple actors | Defendant rented adjacent unit, facilitated entry, and led scheme; can be "a leader" even among partners | He and accomplice were equal participants; not a distinct leader | Affirmed: statute requires only that defendant be "a leader," not the sole leader |
| Restitution to Storage Town of America | Storage Town is a victim because it paid Cole $5,000 (self-insured) | No proof Storage Town suffered pecuniary loss; insurer RBH paid Cole—insurer may not receive restitution | Reversed/vacated: no proof of loss by Storage Town; insurer restitution not allowed, remand for corrected judgment |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Bland v. State, 958 S.W.2d 651 (Tenn. 1997) (credibility and weight of evidence resolved by trier of fact)
- Bise v. State, 380 S.W.3d 682 (Tenn. 2012) (standard for reviewing sentencing decisions)
- Dorantes v. State, 331 S.W.3d 370 (Tenn. 2011) (circumstantial and direct evidence treated the same for sufficiency)
- State v. Alford, 970 S.W.2d 944 (Tenn. 1988) (insurance company may not receive restitution for amounts it paid to a crime victim)