State v. Matthews

888 S.W.2d 446, 1993 Tenn. Crim. App. LEXIS 23
CourtCourt of Criminal Appeals of Tennessee
DecidedJanuary 7, 1993
StatusPublished
Cited by62 cases

This text of 888 S.W.2d 446 (State v. Matthews) 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. Matthews, 888 S.W.2d 446, 1993 Tenn. Crim. App. LEXIS 23 (Tenn. Ct. App. 1993).

Opinion

OPINION

SUMMERS, Judge.

The appellant, Roger Matthews, was found guilty of burglary and theft of property valued at $500.00 or less. The trial court sentenced the appellant to five years imprisonment as a multiple offender with a 35% release eligibility date. This is a direct appeal of the judgment entered by the trial court.

The appellant presents two issues on appeal: (1) whether the evidence was sufficient to support his convictions for burglary and theft of property with a value of less than $500.00; and (2) whether the trial court erred in sentencing him to five years imprisonment as a multiple offender with a release eligibility date of 35%.

FACTS

Wayne Parvin, a farmer who lived in Hawkins County, Tennessee, owned a double-bottom Deerbome plow. Mr. Parvin discovered his plow missing from his barn around January 18, 1990. Boards had been laid down in the mud to carry the plow out of the bam and down a hill. Mr. Parvin later found the plow on the property of Junior Benton. Mr. Benton testified that he purchased the plow from the appellant and Benny Burrell *448 for $60.00. It was not until later that Mr. Benton learned that the plow had been stolen.

Jerry Burrell testified that in January 1990 at approximately 2:30 p.m. he was approached by the appellant in a small blue car. A Michelle Benton and Dennis Ward were also in the vehicle. He stated that appellant was looking for his brother Benny. Appellant then offered Jerry $10.00 to help him “load a plow.” Jerry Burrell declined the offer.

Benny Burrell also testified at trial. His testimony is at times contradictory and confusing. On direct examination, he stated that appellant asked for his help in taking a plow from Wayne Parvin’s barn. Benny agreed. They drove to Mr. Parvin’s and dragged the plow from the barn using planks lined across the ground towards their car. They then drove the plow to Junior Benton, who paid the appellant $60.00 for the plow. On cross-examination, Mr. Burrell first seemed to corroborate his own testimony on direct:

Q. How many people does it take to carry these plows?
A. Well, it just took me and him to load them.

Mr. Burrell’s answer on direct seemed to confirm that he and the appellant had taken the plow. On further questioning, however, he indicated that appellant was not involved until after the plow was removed from the barn.

Q. [Ijsn’t it true that ... Dennis Ward and Michelle was [sic] with you and you all loaded these up down at the barn and you went up to Roger’s house. That’s where you got together with Roger, wasn’t it?
A. Yes, sir.
Q. And you all loaded them up and went to Roger’s house and got Roger and then you went to Junior Benton’s to sell the plows, didn’t you?
A. Yes, sir.
Q. Okay, then when you went to Junior Benton’s, Roger talked to Junior, got the money, and gave you the money, didn’t he?
A. Yeah.

On redirect examination Benny Burrell was again asked who was with him when he went to the barn. He stated that the appellant and Michelle were with him. On recross-examination, Mr. Burrell again seemed to contradict himself.

Q. [W]hen did you get together with Roger? You testified the first time on direct that you got together with Roger at his house — at his mother’s house?
A. That’s right.
Q. Then you took the plows to Junior Benton’s?
A. Yes, sir.
Q. Okay, so when you got together you already had the plows, didn’t you?
A. Well, yeah.

Tammy Matthews, the appellant’ wife, was then called to testify. Mrs. Matthews stated that in January 1990 between 4:00 and 5:00 p.m. she was with the appellant at his mother’s house when a white and blue ear pulled up with Benny Burrell in it. A girl and a boy were in the car with Benny. The car was a hatchback, and she testified that she saw a plow in the hatchback section of the ear. Benny asked the appellant if he knew of anyone who wanted to buy a plow, and appellant informed him that Junior Benton might be interested. She stated that Benny then told the appellant that he could not go to Benton’s place because he owed Benton money. He asked appellant to go with him. Appellant then got in the ear and went to the Benton’s with Benny Burrell.

Similar testimony comes from Allen Killi-an, Ms. Matthews’ brother, who stated that he was also present at the time Benny Bur-rell arrived in a blue car. He testified that he did not leave the porch of the house when the car arrived and that he did not know the people in the car. He did, however, see the appellant leave in the car with Mr. Burrell.

Sheriff Wayne Clevinger of Hawkins County testified that he took a statement from the appellant concerning the incident. In the statement the appellant says that he was at his mother’s house when Benny Bur- *449 rell and another man he did not know drove up in a light blue Ford Escort. They told him that they had a plow to sell. He responded that Junior Benton wanted to buy a plow. He was asked to go with them because Benny owed Mr. Benton some money. He stated that he thought the plow was stolen but went anyway. Mr. Benton gave him $60.00 for the plow which he gave to Benny after the transaction. He stated that he did not get any money for selling the plow.

ISSUES

Appellant asserts that the evidence presented at trial was insufficient to support his convictions of burglary and theft of property under $500.00.

In Tennessee, great weight is given to the result reached by the jury in a criminal trial. A jury verdict approved by the trial judge accredits the state’s witnesses and resolves all conflicts in favor of the state. State v. Williams, 657 S.W.2d 405 (Tenn.1983). On appeal, the state is entitled to the strongest legitimate view of the evidence and all reasonable inferences which may be drawn therefrom. State v. Cabbage, 571 S.W.2d 832 (Tenn.1978). Moreover, a guilty verdict removes the presumption of innocence which the appellant enjoyed at trial and raises a presumption of guilt on appeal. State v. Grace, 493 S.W.2d 474 (Tenn.1973). The appellant has the burden of overcoming this presumption of guilt. Id.

Where sufficiency of the evidence is challenged, the relevant question for an appellate court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime or crimes beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979);

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Cite This Page — Counsel Stack

Bluebook (online)
888 S.W.2d 446, 1993 Tenn. Crim. App. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-matthews-tenncrimapp-1993.