State of Tennessee v. Kelly Renea Dubois, M2016-00923-CCA-R3-CD

Defendant Kelly Renea Dubois entered open guilty pleas in two consolidated cases: one count of theft (trial court to determine value) and three counts of forgery.
Theft occurred while Dubois worked at Brad’s Market; owner Dudley Jones audited deposits, reviewed surveillance showing Dubois in the store after hours, and calculated shortages totaling about $10,940.
Dubois admitted to stealing money and testified she kept track and only stole about $500 in small increments, but offered no documentary proof.
Trial court found the State proved value beyond a reasonable doubt and classified the theft as a Class C felony ($10,251 found).
Sentencing: trial court imposed an effective 9.5-year TDOC term (consecutive sentences because Dubois was on bond when forgeries occurred), applying enhancement and limited mitigation; trial court denied alternative sentencing.
Defendant appealed, arguing insufficient proof of value for Class C theft and that the court erred in denying alternative sentencing/Community Corrections.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Dubois)	Held
Sufficiency of evidence for Class C theft (value > $10,000)	Surveillance, business records, and owner’s calculation proved value beyond a reasonable doubt	Only $500 was stolen; owner’s total is speculative and not reliably attributed to Dubois	Affirmed: trial court reasonably found value > $10,000 based on surveillance and documentation
Denial of alternative sentence / Community Corrections	Dubois not entitled; trial court properly considered factors and discretion to deny	Probation/Community Corrections preferred to allow work, rehabilitation, and debt repayment	Affirmed: trial court did not abuse discretion; frequent past failures of less restrictive measures and need to avoid depreciating seriousness justified confinement

Jackson v. Virginia, 443 U.S. 307 (establishes sufficiency-of-evidence standard)
State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (appellate review of sentencing; abuse of discretion standard with presumption of reasonableness)
State v. Goodwin, 143 S.W.3d 771 (Tenn. 2004) (evidence viewed in light most favorable to the State)
State v. Bland, 958 S.W.2d 651 (Tenn. 1997) (credibility and weight of evidence are jury/trier of fact determinations)
Bolin v. State, 405 S.W.2d 768 (Tenn. 1966) (rationale for deference to trial factfinder on credibility)
State v. Ashby, 823 S.W.2d 166 (Tenn. 1991) (defendant bears burden to show sentence is improper)
State v. Caudle, 388 S.W.3d 273 (Tenn. 2012) (sentencing review principles)