State v. WelchAnnotate this Case
The Supreme Court affirmed the judgment of the court of criminal appeals affirming Defendant's conviction for burglary, holding that application of the burglary statute under the circumstances of this case did not violate due process or prosecutorial discretion.
Defendant's conviction arose from her involvement in a scheme to enter a Walmart retail store, steal merchandise, and have another individual return the merchandise for a gift card. Defendant had previously been banned from Walmart retail stores for prior acts of shoplifting, and the owners of these stores had issued documents to Defendant precluding Defendant from entering the stores. The State sought an indictment against Defendant for burglary rather than criminal trespass, reasoning that Defendant entered Walmart without the effective consent of the owner and committed a theft therein. Defendant appealed her burglary conviction, arguing that the burglary statute is unconstitutionally vague as applied to the extent that it implicates due process rights. The Supreme Court affirmed, holding (1) the language of the statute criminalizing burglary is clear and unambiguous on its face; (2) the statute is not unconstitutionally vague as applied, and nothing in the statute precludes its application to the fact scenario in this case; and (3) the prosecutor did not exceed her discretion in interpreting and applying the statute.
Authoring Judge: Justice Roger A. Page
Trial Court Judge: Judge G. Scott Green
This appeal concerns the propriety of the defendant’s burglary conviction. A Knox County grand jury indicted the defendant, Abbie Leann Welch, for misdemeanor theft in violation of Tennessee Code Annotated section 39-14-103, and burglary, a Class D felony, in violation of Tennessee Code Annotated section 39-14-402, for her involvement in a scheme to enter a Walmart retail store, steal merchandise, and have another individual return the merchandise for a gift card. The defendant previously had been banned from Walmart retail stores for prior acts of shoplifting. In this case, because the defendant entered Walmart without the effective consent of the owner—said consent having been revoked by letter—and committed a theft therein, the State sought an indictment for burglary rather than criminal trespass. We hold that the plain language of the burglary statute does not preclude its application to the scenario presented in this case and that, because the statute is clear and unambiguous on its face, we need not review the legislative history to ascertain its meaning. Application of the burglary statute in these circumstances does not violate due process or prosecutorial discretion. We affirm the judgment of the Court of Criminal Appeals.