State of Tennessee v. Travis Michael Barnett
W2024-00703-CCA-R3-CD
| Tenn. Crim. App. | Aug 29, 2025Background
- Travis Michael Barnett was convicted of theft of property valued between $10,000 and $60,000 after being found in possession of a stolen 2023 Toyota RAV4 in a Covington, Tennessee parking lot.
- Barnett claimed he was transporting the vehicle for Avis, supported by wearing Avis apparel, but no evidence verified his employment or authorization.
- The RAV4 had been stolen from Robinson Toyota’s lot after being delivered for sale to an individual; the dealership was unaware of the car’s presence due to a delivery oversight.
- The trial was bench (non-jury), and the court found Barnett guilty, sentencing him as a Range II multiple offender to six years at 35% release eligibility.
- Barnett appealed the conviction, arguing the evidence was insufficient and that Robinson Toyota was not the vehicle’s owner for statutory purposes, also asserting a potential fatal variance in the indictment.
Issues
| Issue | Barnett's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence | Robinson Toyota was not the owner; evidence did not show unauthorized control. | Robinson Toyota had constructive possession as "caretaker”; evidence shows unauthorized control. | Sufficient evidence; conviction affirmed. |
| Ownership Definition | Dealership not owner because it did not have knowledge/control of vehicle. | Ownership definition extends to those with a possessory/caretaker interest. | Dealership met statutory "owner" definition. |
| Effective Consent | Lack of dealership’s knowledge precluded effective consent | Explicit testimony showed no consent to Barnett | No effective consent given; claim rejected |
| Fatal Variance | Variance between the named owner in the indictment and evidence at trial | No variance; dealership possessed sufficient ownership interest | No fatal variance; conviction stands |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sets the constitutional standard for sufficiency of the evidence in criminal cases)
- State v. Williams, 558 S.W.3d 633 (Tenn. 2018) (restating sufficiency review standard in Tennessee)
- State v. Curry, 705 S.W.3d 176 (Tenn. 2025) (trier of fact determines witness credibility and factual issues)
- State v. Holder, 15 S.W.3d 905 (Tenn. Crim. App. 1999) (bench trial verdict equals jury verdict on appeal)
- State v. Tuggle, 639 S.W.2d 913 (Tenn. 1982) (burden shifts to defendant on appeal after conviction)