IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON FILED OCTOBER 1995 SESSION November 29, 1995 Cecil Crowson, Jr. Appellate Court Clerk STATE OF TENNESSEE, ) ) APPELLEE, ) ) No. 02-C-01-9503-CC-00089 ) ) Dyer County v. ) ) Joe G. Riley, Judge ) ) (Theft Under $500) DONNIE RAY MITCHELL, ) ) APPELLANT. )

FOR THE APPELLANT: FOR THE APPELLEE: Clarence U. Cochran Charles W. Burson Assistant Public Defender Attorney General & Reporter Mill Avenue, North 450 James Robertson Parkway Dyersburg, TN 38025-0742 Nashville, TN 37243-0493 (Appeal Only) Cyril V. Fraser Lyman Ingram Assistant Attorney General Assistant Public Defender 450 James Robertson Parkway Mill Avenue, North Nashville, TN 37243-0493 Dyersburg, TN 38025-0742 (Trial Only) C. Phillip Bivens District Attorney General OF COUNSEL: 115 Market, East Dyersburg, TN 38024 G. Stephen Davis District Public Defender Karen W. Winchester Mill Avenue, North Assistant District Attorney General Dyersburg, TN 38025-0742 115 Market, East Dyersburg, TN 38024

OPINION FILED:________________________________

AFFIRMED PURSUANT TO RULE 20

Joe B. Jones, Judge OPINION

The appellant, Donnie Ray Mitchell, was convicted of theft under $500, a Class A misdemeanor, by a jury of his peers. The trial court sentenced the appellant to confinement for eleven months in the Dyer County Jail.

One issue is presented for review. The appellant contends that the evidence contained in the record is insufficient, as a matter of law, to support a finding by a rational trier of fact that he was guilty beyond a reasonable doubt.

This Court has thoroughly reviewed the record, the briefs of the parties, the statute proscribing this offense, and the case law that pertains to the issue presented for review.

It is the opinion of this Court that the judgment of the trial court should be affirmed, pursuant to Rule 20, Tennessee Court of Criminal Appeals.

________________________________________ JOE B. JONES, JUDGE

CONCUR:

_____________________________________ PAUL G. SUMMERS, JUDGE

_____________________________________ WILLIAM M. BARKER, JUDGE