A man accused of being involved in two separate home invasions in Rutherford County was found guilty and sentenced to an effective sentence of 13-years in 2012. Defendant George A. Mikita later challenged the trial courts sentencing under a theory that he called "just deserts."
The Tennessee Supreme Court's have ruled that the appeal will not move forward and have denied the request submitted by Mikita. The denial was officially filed on August 13, 2015.
As strange as it may sound, the "just deserts" theory is a real theory in law that suggests sentencing in a case should be consistent to the seriousness of the offense or crime committed. The appeal would show that Mikita believes the courts did not sentence him appropriately.
Looking back to one of two cases that sparked the arrest of Mikita in 2012, a female victim said that she was asleep on her sofa when someone entered her house. She awoke to confront Mikita in her hallway. The said home invasion happened in the Riverview Subdivision on Newton Avenue between Wiltshire and Haynes Drive.
According to the victim, Mikita was holding her two computers when she saw him. When the victim told the man to leave, he refused. When she went for the phone, he allegedly grabbed her by the arms and dragged her down her hallway and into her bedroom. A document from the appeal stated, "Defendant stood in the doorway of the bedroom and prevented her from leaving the room." The suspect eventually left, but the victim had to undergo two months of counseling to manage anxiety attacks and nightmares as a result of the home invasion.
Despite the "just deserts" theory being suggested by Mikita, the Court of Criminal Appeals of Tennessee reviewed the case and wrote, "We determine there is no evidence that the trial court abused its discretion in sentencing Defendant to an effective sentence of thirteen years."
Mikita will remain behind bars up until the end of his sentence in year 2026. However, he will be eligible for parole in January of 2016. He is currently being held at the West Tennessee State Penitentiary.
Most Recent Source:
Tennessee Supreme Court DISCRETIONARY APPEALS
Sentence End: 05/23/2026