State v. Knight

969 S.W.2d 939, 1997 Tenn. Crim. App. LEXIS 825
CourtCourt of Criminal Appeals of Tennessee
DecidedSeptember 2, 1997
StatusPublished
Cited by9 cases

This text of 969 S.W.2d 939 (State v. Knight) 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. Knight, 969 S.W.2d 939, 1997 Tenn. Crim. App. LEXIS 825 (Tenn. Ct. App. 1997).

Opinion

OPINION

WADE, Judge.

The defendant, Shannon Knight, originally charged with four counts of passing forged checks and one count of theft over $1,000, was found guilty of one count of forgery and one count of theft under $500. The trial court determined that the defendant was a multiple offender and imposed Range II sentences of four years and eleven months, twenty-nine days respectively. While the sentences were ordered to be served concurrently, they are consecutive to a prior six-year sentence.

In this appeal of right, the defendant challenges the sufficiency of the evidence and complains that the sentence is excessive. Because the evidence was insufficient to support either conviction, the judgments are reversed and the causes dismissed.

In October of 1994, several blank checks were discovered missing by Vickie Hudson at Bray’s Trucking, Inc., of Red Boiling Springs. Four of the checks, none of which bore an authorized signature, had been passed at different grocery stores in the area. The defendant’s girlfriend, Rebecca Bennett, entered a plea of guilt to passing the four forged instruments.1 She claimed that Jeff Hines, and not the defendant, had written the cheeks and that Hines had remained in the car when she cashed checks at two of the grocery stores; she testified that Hines was not present when a cheek (which resulted in the convictions) was cashed at the Sav-A-Lot Store in Lafayette.

On October 25, 1994, Linda Coulter, a cashier at the Sav-A-Lot, accepted a $349.53 Bray’s Trucking, Inc., check dated October [941]*94121 from Ms. Bennett. The check was used to purchase $19.98 in groceries; Ms. Bennett received as change $829.55 in cash. Another cashier at Sav-A-Lot, Robin Trobaugh, saw Ms. Bennett leave the store and enter the passenger’s side of a car which was being driven by someone else whom he could not identify. The store manager, Gary Eads, testified that he had seen the defendant in the Sav-A-Lot parking area several days earlier while in the company of Ms. Bennett. Eads specifically remembered the defendant’s long hair and the tattoos on his arms.

Douglas Baldwin was an employee at Charlotte’s Auto Parts in Lafayette at the time Ms. Bennett passed the check at the Sav-A-Lot. He testified that between 1:00 P.M. and 2:00 P.M. on October 25, he sold Ms. Bennett a decal, a license plate, antifreeze, and other similar items. Ms. Bennett, who was accompanied by the defendant at the time of the purchase, paid cash for the items.

Captain Ray Gammon of the Macon County Sheriffs Department executed a search warrant for Ms. Bennett’s residence between 8:00 and 9:00 A.M. on October 27, 1994. When Captain Gammon entered the residence, the defendant and Ms. Bennett were asleep in bed. There was male clothing strewn about the interior. The Sav-A-Lot receipt, dated October 25,1994, at 1:59 P.M., bore the same date as the purchase at Charlotte’s Auto Parts. The time of the receipt corresponded with the date Douglas Baldwin had seen Ms. Bennett with the defendant.

While observing that the state’s theory, based entirely upon circumstantial evidence, presented a “close question” of fact, the trial court allowed the submission of all counts to the jury after the state argued common scheme and plan and criminal responsibility for the conduct of another. The defendant did not testify. The jury found the defendant guilty of the unlawful transfer of a forged document to Sav-A-Lot, Tenn.Code Ann. § 39-14r-114, and theft of less than $500, Tenn.Code Ann. § 89-14-103.

In a criminal case, a conviction can be set aside only when the reviewing court finds that the “evidence is insufficient to support the findings of the trier of fact of guilt beyond a reasonable doubt.” Tenn. R.App. P. 13(e). When a sufficiency question is presented on appeal, the state is entitled to the strongest legitimate view of the evidence and all reasonable inferences which might be drawn therefrom. State v. Cabbage, 571 S.W.2d 832, 835 (Tenn.1978). This court may neither reweigh nor reevaluate the evidence. Id. at 836. The credibility of the witnesses, the weight to be given their testimony, and the reconciliation of conflicts are matters entrusted exclusively to the trier of fact. Byrge v. State, 575 S.W.2d 292, 295 (Tenn.Crim.App.1978); see Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

An offense may be proven by circumstantial evidence alone. Price v. State, 589 S.W.2d 929, 931 (Tenn.Crim.App.1979). Our scope of review is the same when the conviction is based upon circumstantial evidence as it is when it is based upon direct evidence. State v. Brown, 551 S.W.2d 329, 331 (Tenn.1977); Farmer v. State, 208 Tenn. 75, 343 S.W.2d 895, 897 (1961).

In convictions such as these, where the evidence is entirely circumstantial, the jury must find that the proof is not only consistent with the guilt of the accused but inconsistent with his innocence. There must be an evidentiary basis upon which the jury can exclude every other reasonable theory or hypothesis except that of guilt. Pruitt v. State, 3 Tenn.Crim.App. 256, 460 S.W.2d 385, 390 (1970). The trial court has the duty to charge the jury on the weight and significance of circumstantial evidence when it is the only basis upon which the state’s ease rests. Bishop v. State, 199 Tenn. 428, 287 S.W.2d 49, 52 (1956).

The jury is governed by four rules when testing the value of circumstantial evidence: (1) the evidence should be acted upon with caution; (2) all of the essential facts must be consistent with the hypothesis of guilt; (3) the facts must exclude every other reasonable theory except that of guilt; and (4) the facts must establish such a certainty of guilt as to convince beyond a reasonable doubt that the defendant is the perpetrator [942]*942of the crime. Marable v. State, 203 Tenn. 440, 313 S.W.2d 451, 456 (1958).

Even when our scope of review is so limited, however, there is precedent for overturning verdicts which are not supported by sufficient circumstances:

In order to convict on circumstantial evidence alone, the facts and circumstances must be so closely interwoven and connected that the finger of guilt is pointed unerringly at the defendant and the defendant alone. A web of guilt must be woven around the defendant from which he cannot escape and from which facts and circumstances the jury could draw no other reasonable inference save the guilt of the defendant beyond a reasonable doubt....
[[Image here]]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hampton v. State
961 N.E.2d 480 (Indiana Supreme Court, 2012)
State of Tennessee v. Tammy Garner
Court of Criminal Appeals of Tennessee, 2009
State of Tennessee v. David Marsh
Court of Criminal Appeals of Tennessee, 2006
State of Tennessee v. Jesse Tuggle
Court of Criminal Appeals of Tennessee, 2003
State of Tennessee v. Gregory Lance
Court of Criminal Appeals of Tennessee, 2003
State of Tennessee v. Gonzalo Moran Garcia
Court of Criminal Appeals of Tennessee, 2002
State v. Michael A. Braswell
Court of Criminal Appeals of Tennessee, 1999
State v. Ball
973 S.W.2d 288 (Court of Criminal Appeals of Tennessee, 1998)
State of Tennessee v. James A. Jackson
Court of Criminal Appeals of Tennessee, 1997

Cite This Page — Counsel Stack

Bluebook (online)
969 S.W.2d 939, 1997 Tenn. Crim. App. LEXIS 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-knight-tenncrimapp-1997.