Supreme Court Affirms Robbery, Reverses Burglary Conviction In Candy Man Case

Thursday, January 2, 2014

The Tennessee Supreme Court ruled Monday that Marcus Pope, who committed a robbery after being invited inside the Memphis residence of Carl Brown, could not also be convicted of a burglary. 

In August of 2010, Brown, known as the “Candy Man,” sold snacks and soft drinks through a window of his residence. He recognized Pope as a regular customer and, because of the hot weather, invited him and an unidentified companion inside.

The two men then attacked Brown and stole money that was in his pocket, as well as other items in the residence. Because neither Pope nor his companion had in any way deceived Brown in order to gain entry to the residence, the Supreme Court held that the state statute did not permit a conviction for burglary. 

Tennessee law makes a distinction between burglary – a theft after unauthorized entry into a place where someone resides – and robbery – a theft from a person. 

Pope, who is serving a 10-year sentence for the robbery, may be retried for the lesser offenses of aggravated criminal trespass or criminal trespass, both misdemeanors. 

To read the opinion in State of Tennessee v. Marcus Pope, authored by Chief Justice Gary R. Wade, visit the Opinions section of TNCourts.gov.

Chattanooga Business Calendar For Feb. 28-March 6

March 2015   SA/28 24Hour Generator at Mad, Bad, and Dangerous 3:00 p.m. Girls Preparatory School: 205 Island Ave. 24Hour Generator is a new event designed for enterprising high school girls across the region. Hosted by The Company Lab (CO.LAB) and held as part of GPS’s inaugural  Mad, Bad, and Dangerous  event, 24Hour Generator ... (click for more)

Georgia Department Of Labor Helping To Recruit Textile Workers

The Georgia Department of Labor (GDOL) will help a staffing company, TiDra, Inc., recruit about 85 workers for two textile manufacturing companies in the Dalton area.  The recruitment will be held  Monday, March 9 , from  9 a.m. to 3 p.m.  at the GDOL’s Dalton Career Center, 1406 Chattanooga Avenue. The company is recruiting operators for coater ... (click for more)

FCC Votes 3-2 To Approve EPB's Request To Expand Its Broadband Offerings

The Federal Communications Commission voted 3-2 on Thursday to allow EPB to expand its broadband offerings to neighboring communities. Chairman Tom Wheeler and two other Democrats were in favor, while the two Republican members said the agency was acting illegally in overriding state law. EPB's phone, Internet and TV offerings have been far more successful than expected and ... (click for more)

Hamilton County Schools, UTC To Close Friday; Other Closings Announced

Due to remaining snow on some of the roadways and the potential for black ice overnight and into the morning, Hamilton County Schools will be closed on  Friday . School Age Child Care will also be closed. Employees who accrue vacation will report by  10 a.m.  and maintenance employees will report on regular schedule.  All classes are being ... (click for more)

Chattanooga Has Always Been A Battleground Between Good And Evil

From the thousands slain in nearby Chickamauga Battlefield during the Civil War…  To the launching point of the Cherokee Indian’s Trail of Tears…  To the lunch counter sit-ins led by Howard School students — the only high school student sit-ins in the nation — during the Civil Rights Movement…  To Walter Cronkite calling the polluted Southern industrial town ... (click for more)

Roy Exum: They Are Americans, Too

Roger Dean Kiser is something of a legend. Aside from being one of the best story-tellers I know of – I’ve read his works for years – the fact he came upon it honest, like Chattanooga’s Roger Allan Wade, makes him kind of special. Again, I’ve followed him for a long time. By the time he was four, he had been abandoned by parents and grandparents alike. The state of Florida placed ... (click for more)