State v. Blevins

968 S.W.2d 888, 1997 Tenn. Crim. App. LEXIS 499, 1997 WL 272440
CourtCourt of Criminal Appeals of Tennessee
DecidedMay 23, 1997
Docket03C01-9606-CC-00242
StatusPublished
Cited by58 cases

This text of 968 S.W.2d 888 (State v. Blevins) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Blevins, 968 S.W.2d 888, 1997 Tenn. Crim. App. LEXIS 499, 1997 WL 272440 (Tenn. Ct. App. 1997).

Opinion

OPINION

TIPTON, Judge.

The defendant, Robert Harrison Blevins, appeals as of right from a jury conviction in the Washington County Criminal Court for burglary, a Class E felony, and vandalism of property valued under five hundred dollars, a Class A misdemeanor. He was sentenced as a career offender to six years in the custody of the Department of Correction for the felony and to eleven months and twenty-nine days for the misdemeanor to be served concurrently, but consecutively to previously imposed sentences. The trial court also imposed fines totaling five thousand, five hundred dollars. On appeal, the defendant states his issues as follows:

(1) whether the evidence is sufficient to support his convictions;
(2) whether the trial court erred by allowing evidence of the defendant’s six prior convictions for burglary to impeach the defendant’s testimony;
(3) whether the prosecutor violated the defendant’s right to a fair trial by questioning him about his prior convictions and by asking the trial court to clarify the impeachment instruction to the jury; and
(4) whether the trial court erred by denying the defendant’s request for relief from payment of fines.

We hold that the evidence is sufficient and that no reversible error occurred.

Officer Jeff Stork of the Johnson City Police Department testified that he and Officer Jeff Jenkins responded to a call reporting a burglary in progress near the Broadway Hotel and Perkins Restaurant at approximately 4:00 a.m. on July 29, 1994. He explained that someone had called Officer Harrell and told him that a person was inspecting the cars and looked like they were getting ready to break into one. Officer Stork stated that he was instructed to park away from the area to avoid scaring anyone off. He said that ⅛⅞ and Officer *890 Jenkins exited their vehicles and began walking among the cars parked near the back of the parking lot while Sergeant Michael Harris, who had also arrived, started checking the vehicles in the front of the lot. He recalled hearing Sergeant Harris, who was approximately one hundred and fifty yards away, yell at someone to get then-hands up. Officer Stork said that he and Officer Jenkins ran to Sergeant Harris and saw Sergeant Harris moving the defendant from the front door of a gray Nissan and placing him over the hood of the vehicle. He stated that the driver’s side window was broken and the door was open.

Sergeant Michael Harris of the Johnson City Police Department testified that he also responded to the call regarding an automobile burglary in progress. He stated that he parked his vehicle in the Perkins Restaurant lot and walked towards the Broadway Motel parking lot. He said that as he walked towards the motel, he continued to listen to his radio. Sergeant Harris testified that Officer Harrell, who was working off-duty at a Wal-Mart located nearby, was talking to an unidentified person on the phone regarding the burglary and was simultaneously communicating to him by radio the information given by the unknown caller. Sergeant Harris said that as he walked in the grass between two motel units, he approached the front of the victim’s vehicle. He recalled hearing a loud popping noise and Officer Harrell telling him over the radio that the caller stated that a window had just been broken out. Sergeant Harris said that he then saw the defendant partially in the victim’s vehicle and that the passenger’s side window was broken. He testified that he could see the defendant because a security light was located very close to the victim’s car and explained that the defendant had two-thirds of his body in the car. Sergeant Harris said that the defendant was crouching down with one leg on the ground and the other in the vehicle, attempting to conceal himself. He testified that the defendant had a pocketbook in his hands. Sergeant Harris stated that he then told the defendant at least three times to raise his hands, and when the defendant did not respond, he placed him on the front of the car and arrested him.

On cross-examination, Sergeant Harris admitted that he did not interview any witnesses at the scene and that he did not know the name of the person who called Officer Harrell. He stated that although he did not question him or obtain his name, he spoke to a man who said that he had called Officer Harrell who was at Wal-Mart and told him about the burglary. Sergeant Harris also conceded that he failed to mention at the preliminary hearing that he heard a loud popping noise before seeing the defendant in the victim’s car. He acknowledged stating at the preliminary hearing that the caller said that the window was broken with a rock and that he searched the vehicle but did not find a rock. Sergeant Harris also stated that he did not attempt to obtain fingerprints from the vehicle.

Traci Jackson, the victim, testified that she and some friends left Legends during the early morning hours of July 29, 1994, and went to Perkins Restaurant in Johnson City. She stated that she drove her gray Nissan and waited in the car near the entrance while Shannon Vaughn gave their names for the waiting list. The victim recalled hearing the defendant, whom she did not know, talk to Vaughn for a couple of minutes before she got back into the car. She testified that she then parked her vehicle behind Broadway Motel because the restaurant’s parking lot was full. The victim stated that the defendant had walked to where she had parked her car and started talking to them. She remembered the defendant telling them that his name was Rob when Vaughn asked him. She said that as they joined their other friends, she realized that she had locked her keys and purse in the car and told her friends. She stated that she attempted to open the doors but both were locked. The victim said that her friends told her that they should eat first and then either get a spare set of keys from her house or call the police. The victim testified that the defendant was present during the entire conversation. She also admitted that the group may have stopped at one of her friend’s motel room before walking to the restaurant.

*891 The victim testified that they walked to the restaurant and that everyone sat at a booth except the defendant, who sat approximately three booths away with two other men. She recalled seeing the defendant leave after approximately five minutes. She stated that approximately forty-five minutes later, they left and walked to the hotel office to call the police or a locksmith. She said that the clerk told her that the police were already in the parking lot. The victim testified that she saw Sergeant Harris and asked him whether he could assist her in unlocking her car. She said that after talking to Sergeant Harris, she discovered that someone had broken into her ear and that the passenger’s side window had been completely shattered. She stated that nothing had been removed but that her purse had been moved from the passenger’s side floorboard to the passenger’s seat. She also stated that she noticed a large rock lying under her seat that afternoon when vacuuming the car. The victim said that she gave a description of the defendant to Sergeant Harris. She also testified that the repair to her window costed one hundred and seventy-nine dollars.

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Cite This Page — Counsel Stack

Bluebook (online)
968 S.W.2d 888, 1997 Tenn. Crim. App. LEXIS 499, 1997 WL 272440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blevins-tenncrimapp-1997.