State of Tennessee v. James Allen Pollard

432 S.W.3d 851, 2013 WL 6732667, 2013 Tenn. LEXIS 1011
CourtTennessee Supreme Court
DecidedDecember 20, 2013
DocketM2011-00332-SC-R11-CD
StatusPublished
Cited by641 cases

This text of 432 S.W.3d 851 (State of Tennessee v. James Allen Pollard) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Tennessee v. James Allen Pollard, 432 S.W.3d 851, 2013 WL 6732667, 2013 Tenn. LEXIS 1011 (Tenn. 2013).

Opinion

OPINION

GARY R. WADE, C.J.,'

delivered the opinion of the Court,

in which JANICE M. HOLDER, CORNELIA A. CLARK, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

The defendant was convicted of felony murder, first degree premeditated murder, and especially aggravated robbery. After merging the murder convictions, the trial court imposed consecutive sentences of life for the murder and eighteen years for the especially aggravated robbery. On appeal, the Court of Criminal Appeals affirmed the convictions but remanded to the trial court for a proper determination of whether the sentences should be served consecutively or concurrently. We hold that, when a trial court places findings on the record to support its sentencing decision, the applicable standard of appellate review for a challenge to the imposition of consecutive sentences is abuse of discretion with a presumption of reasonableness. Because, however, the trial court failed to address the factors required to impose consecutive sentences based on the dangerous offender classification, we affirm the judgment of the Court of Criminal Appeals and remand to the trial court for a new sentencing hearing.

I. Facts and Procedural History

At approximately 11:26 a.m. on March 24, 2006, officers of the Metropolitan Police Department of Nashville and Davidson County responded to a 911 report of a shooting at 301 North Eighth Street. Upon their arrival, they found the body of twenty-five-year-old Jamil Branhan (the “victim”) lying on the living room floor of his apartment with two gunshot wounds to his head. There was no evidence of a forced entry.

*854 During their investigation, Detectives Jeff Wiser and Michael Windsor traced the victim’s last accepted phone call to Lakeisha Hooten. Describing her as “a person of interest,” the detectives interviewed her on five separate occasions over a period of months. Initially, Ms. Hooten implicated two individuals by name, both of whom were eliminated as suspects upon further inquiry. During her fifth interview, however, she “finally broke down,” informing the detectives that her boyfriend, James Allen Pollard (the “Defendant”), was involved in the incident.

The detectives conducted a video-recorded interview with the Defendant. After being informed of and waiving his Miranda rights, the Defendant stated that on the night of the shooting Ms. Hooten had arranged for him to meet the victim at his apartment to purchase a “dime sack” 1 of marijuana, as he had done on prior occasions. Admitting that he had a .38 caliber firearm in his pocket when he arrived at the apartment, the Defendant claimed that the victim was “gone on something,” got “spooked” when he saw the Defendant’s weapon, and, at that point, retrieved his own gun, a nine-millimeter semi-automatic. The Defendant told the officers that he drew his gun, and, during a struggle with the victim, his gun discharged. He acknowledged that he shot a second time, claiming that he did so when the victim raised his arm and pointed the semi-automatic in his direction. The Defendant also asserted that the victim fired his own gun once during the episode. After initially denying to Detectives Wiser and Windsor that he had “take[n] anything,” the Defendant eventually admitted that after he shot the victim he took his weapon and his PlayStation.

The Defendant was charged and arrested. Later, the Davidson County Grand Jury indicted the Defendant on three counts: (1) felony murder; (2) premeditated murder; and (3) especially aggravated robbery.

At trial, the State presented the Defendant’s video-recorded statement as evidence. Other testimony offered by the State established that the victim’s mother, Marilyn Branhan, had become concerned after not being able to contact her son and had asked the apartment manager to check inside his unit. The apartment staff discovered the body, the police were notified, and several items were found missing from her son’s apartment, including his PlayStation, gun, keys, and cell phone. An empty gun holster was found in a bin inside the bedroom.

Officers determined that the victim suffered two gunshot wounds, one to the chin and one to the temple. No shell casings were found in the apartment, and no bullet holes were found in the walls. Further testimony established that the victim’s nine-millimeter semiautomatic would have ejected shells if fired. A forensic scientist with the Tennessee Bureau of Investigation concluded that the bullets causing the death of the victim were .38 caliber, typically fired from a revolver rather than a semi-automatic pistol.

A search of the apartment did not yield any evidence indicating that the victim had been dealing illegal drugs. Other witnesses, including the victim’s girlfriend, Reshena Barnes, and a co-worker, Rose Reese, testified that the victim, who was employed at AutoZone, did not sell drugs.

Anthony Bowers, a federal inmate who had shared a cell with the Defendant, testi- *855 fled that the Defendant informed him that his girlfriend had arranged a meeting with the victim so that the Defendant could “rob him for some marijuana.” According to Bowers, the Defendant claimed that he drew his revolver after the victim became suspicious and that, when the victim struggled and attempted to arm himself, the Defendant shot the victim in the head. Bowers stated that the Defendant admitted taking some marijuana, a cell phone, and a pistol from the apartment, and he also admitted shooting the victim a second time to ensure that he would not be identified. The Defendant explained to Bowers that he had been arrested only because his girlfriend “broke down” and told the investigating detectives the truth; he further recommended to Bowers that using a revolver was the better practice in a killing because it did not leave shell casings.

The forensic pathologist who performed the autopsy concluded that one of the bullets entered the left side of the victim’s chin, breaking his chin and lacerating his tongue, causing him to swallow a moderate amount of blood. More blood was found in his lungs, indicating that the victim was still alive after this shot. A second bullet, fired within six inches, entered the victim’s left temple, fracturing the brain and portions of the brain stem, rendering the victim immediately unconscious. The victim’s body contained minimal levels of marijuana and had a blood alcohol content of .04.

Although the Defendant chose not to testify, three witnesses described him as a “good kid,” a hard worker at his full-time job, and a reliable person.

At the conclusion of the trial, the jury found the Defendant guilty on all charges. The trial court merged the felony murder conviction with the first degree premeditated murder conviction and imposed consecutive sentences of life for the murder and eighteen years for the especially aggravated robbery. As support for consecutive sentencing, the trial court ruled that the Defendant qualified as a “dangerous offender whose behavior indieate[d] little or no regard for human life and no hesitation about committing a crime in which the risk to human life is high.” Tenn.Code Ann. § 40-35-115(b)(4) (2006).

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Cite This Page — Counsel Stack

Bluebook (online)
432 S.W.3d 851, 2013 WL 6732667, 2013 Tenn. LEXIS 1011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-tennessee-v-james-allen-pollard-tenn-2013.