Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs July 23, 2014
Direct Appeal from the Criminal Court for Knox County No. 100470, Bob R. McGee, Judge
Mitchell T. Harper, Knoxville, Tennessee, for the appellant, Tycorrian M. Taylor.
Robert Cooper, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel Criminal Justice Division, for the appellee, State of Tennessee.
Joe H. Walker, III, delivered the opinion of the court, in which JAMES CURWOOD WITT, Jr, and ROBERT WEDEMEYER., joined.
JOE H. WALKER, SP.J.
Tycorrian Taylor was convicted by jury of aggravated assault and of attempted voluntary manslaughter as a lesser offense of attempted first degree murder. The convictions were merged, and the defendant was sentenced to six years as a standard offender, consecutive to an unexpired sentence.
Defendant filed a timely notice of appeal of the "trial court's sentence after a jury verdict of guilty." Defendant's brief addresses only one issue with regard to sentencing, and does not address the length of sentence, or the manner of service of sentence, and states the "trial court properly applied T.C.A. 40-35-115(6) in imposing consecutive sentences."
At the sentencing hearing, it was presented that the defendant had prior convictions and was on probation at the time of this offense. The defendant had been placed on diversion for a misdemeanor conviction and revoked. He had received two additional misdemeanor convictions, and was placed on probation on each and revoked. He was on probation for a felony conviction at the time of this offense, and was revoked, and then released on determinate release before the trial of this offense.
At the sentencing hearing the victim testified that he is fifty years of age and had been a successful businessman operating a towing company. He was a single parent to a sixteen year old. After being beaten by the defendant and left in a parking lot, he endured eighteen hours of surgery, spent thirty-six days in the hospital in a coma, and now lives in a nursing home. He has been told he will be in a nursing home the rest of his life, due to brain injury. He can not be the father he was which has caused depression for him and his child.
The victim's girlfriend testified they lost the business and two homes to foreclosure after the defendant beat the victim. She is taking care of the victim's son, who is not able to be a normal teenager due to added responsibility.
The victim's child was sixteen years old at the time his father was beaten. He lost his mother when he was nine years old. He described his father before the beating as "very ...