State of Tennessee v. David Lynn Sisk

Summary

The Tennessee Supreme Court reinstated the Defendant's convictions for aggravated burglary and theft of property valued at $10,000 or more but less than $60,000, holding that under State v. Dorantes the evidence — principally a partially smoked, hand-rolled cigarette bearing the Defendant's DNA found just inside the burglarized residence, corroborated by the butt's undamaged condition, the officer's scene testimony, the parties' smoking habits, the proximity of the Defendant's home, and his flight from police — permitted a rational jury to find guilt beyond a reasonable doubt. The Court affirmed the Court of Criminal Appeals' dismissal of the Class D felony theft conviction on double jeopardy grounds and its determination that the Defendant is a persistent rather than career offender, and remanded for resentencing on the two reinstated convictions. No separate opinions were filed.