State v. Karl Hamilton

• Court: Court of Criminal Appeals of Tennessee
• Decided: September 19, 1997
• Docket: 02C01-9611-CR-00390
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

SEPTEM BER SESSION, 1997 FILED STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9611-CR-00390 September 19, 1997 ) Appellee, ) Cecil Crowson, Jr. ) Appellate C ourt Clerk ) SHELBY COUNTY VS. ) ) HON. JOSEPH B. DAILEY KARL HAMILTON a.k.a. ) JUDGE RANDOLPH PRUITT, ) ) Appellant. ) (Burglary)

ON APPEAL FROM THE JUDGMENT OF THE CRIMINAL COURT OF SHELBY COUNTY

FOR THE APPELLANT: FOR THE APPELLEE:

W ALKER GW INN JOHN KNOX W ALKUP Assistant Public Defender Attorney General and Reporter 201 Poplar, Suite 2-01 Memphis, TN 38103 GEORGIA BLYTHE FELNER Assistant Attorney General 425 5th Avenue North Nashville, TN 37243

JOHN W. PIEROTTI District Attorney General

DAVID HENRY Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Street Memphis, TN 38103

OPINION FILED ________________________

AFFIRMED PURSUANT TO RULE 20

DAVID H. WELLES, JUDGE ORDER

The Defendant was convicted on a jury verdict of one count of burglary.

He was sentenced as a career offender to twelve years in the Department of

Correction. In this appeal he argues that the evidence introduced against him is

insufficient to support his conviction. W e disagree and affirm the judgment of the

trial court.

The proof showed that a Memphis public elementary school’s silent alarm

system activated at approximately 2:30 a.m. on June 16, 1995. Two police

cruisers promptly responded. As they arrived, the officers heard someone yell

“Police” and saw the Defendant running from a “cubbyhole” area at the back of

the school. He was apprehended immediately. He spontaneously told the

officers that it was not his idea to break into the school, and that some guys had

offered him some of the property for helping. In the “cubbyhole” area, a window

had been forced open. Some tools and food items were located near the

window. A television and a VCR belonging to the school were found in the

school’s playground area. No other suspects were found.

W e conclude that the evidence presented is sufficient to support the finding

by the trier of fact of guilt beyond a reasonable doubt. We further conclude that

no error of law requiring a reversal of the judgment is apparent on the record.

Based upon a thorough reading of the record, the briefs of the parties, and

the law governing the issues presented for review, the judgment of the trial court

-2- is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of

Tennessee.

_______________________________ DAVID H. WELLES, JUDGE

CONCUR:

___________________________________ JOE B. JONES, PRESIDING JUDGE

___________________________________ JOE G. RILEY, JUDGE

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