State of Tennessee v. Kim Owen Alley

Syllabus

The Hawkins County Grand Jury charged the Defendant, Kim Owen Alley,1 by presentment with one count of theft of $60,000 or more but less than $250,000, one count of transacting business as an unregistered broker-dealer, and one count of fraudulent acts or devices. A few months later, another presentment was issued charging the Defendant with two additional charges: one count of money laundering and one count of theft of $2,500 or more but less than $10,000.2 Prior to trial, the State entered a nolle prosequi for the theft count in the second presentment. Then, following the State's proof at trial, the trial court dismissed all three charges from the first presentment because the evidence presented did not correspond to the dates alleged in the presentment. At the conclusion of the trial, the jury convicted the Defendant of the remaining money laundering count, and the trial court sentenced the Defendant as a Range I, standard offender to ten years' incarceration with a release eligibility of thirty percent. On appeal, the Defendant argues: (1) the evidence is insufficient to sustain his money laundering conviction (2) the trial court erred in providing a jury instruction for theft of property as a part of the jury instruction for money laundering after all the theft charges had been dismissed and (3) his ten-year sentence is excessive. After review, we affirm the judgment of the trial court.