State of Tennessee v. Scott Bradley Price

Syllabus

The Defendant, Scott Bradley Price, was convicted by a Madison County Circuit Courtjury of theft of property valued at $2,500 or more but less than $10,000 and was sentencedby the trial court as a Range II offender to eight years in the Tennessee Department ofCorrection. On appeal, the Defendant challenges the sufficiency of the evidence and arguesthat the trial court erred in not instructing the jury on unauthorized use of a vehicle as alesser-included offense. We conclude that the evidence is sufficient to sustain the jury'sverdict. We further conclude that the trial court erred in not instructing the jury on theunauthorized use of a vehicle as a lesser-included offense, but that the failure to charge thelesser-included offense was harmless beyond a reasonable doubt because no reasonablejury would have convicted the Defendant of the lesser-included offense under the facts ofthis case. Accordingly, we affirm the judgment of the trial court.