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State v. Holmes

Court of Criminal Appeals of Tennessee, Jackson

September 5, 2014

STATE OF TENNESSEE
v.
DOMINIQUE DAVON HOLMES

Assigned on Briefs May 6, 2014

Appeal from the Circuit Court for Madison County No. 13-99, 13-100 Honorable Donald H. Allen, Judge

Andrea Sipes Lester, Jackson, Tennessee, for the Defendant-Appellant, Dominique Davon Holmes.

Robert E. Cooper, Jr., Attorney General and Reporter; Caitlin E.D. Smith, Assistant Attorney General; James G. Woodall, District Attorney General; and Brian Gilliam, Assistant District Attorney General, for the Appellee, State of Tennessee.

Camille R. McMullen, J., delivered the opinion of the court, in which Joseph M. Tipton, P.J., and Alan E. Glenn, J., joined.

OPINION

CAMILLE R. McMULLEN, JUDGE

Plea Submission Hearing. At the June 24, 2013 plea submission hearing, the State summarized the facts supporting the Defendant's guilty pleas:

In 13-99, the State would show on Count 1 that the defendants on September the 29th of 2012 while here in Madison County did unlawfully enter or remain on property belonging to Larry Horne and/or Pamela Horne. At the time, both of the defendants . . . knew that they did not have the effective consent of the owner to be there and were reckless about whether their presence would cause fear for the safety of another.
Count 2, on that same day that both defendants did intentionally, knowingly or recklessly cause bodily injury to Larry Horne or to cause him to fear imminent bodily injury and in Count 3, that both . . . did intentionally, knowingly or reckless[ly] cause bodily injury to Pamela Horne or did place her in fear of imminent bodily injury.
. . . [O]n September [29, 2012], the Hornes[] . . . were across the street [from their home] when they noticed four black males walking around their residence. According to the Hornes, one [man] appeared to be looking in the windows and this caused the Hornes to be concerned about what was going on on their property. They went across the street and approached all four [men]. One of [the men] had stated that their vehicle had broken down and needed a jump. At some point then there was a confrontation between the two Hornes . . . and the four men who were in that car described as a black hatchback. It was later identified as a black Nissan Versa. They got into a confrontation in which Ms. Horne was punched in the face. She reported that she was attacked by all four of the black males that were on the property and also Mr. Larry Horne had indicated that he was taken to the ground and that he was beaten by the four black males that were on that property.
They later left the scene. The sheriff's department was called. . . . [T]hat same vehicle [][, ] based on the description and identification provided by the Hornes[, ] was later found at a Sonic here in Jackson[, ] Madison County. Deputies made contact with the four black males[.] . . . They were later identified by the [Hornes] as the four people who were on their property and who assaulted them[.]
. . . .
In 13-100, the State would show in Count 1 that the defendants on or about September the 29th [of 2012] while here in Madison County did unlawfully enter a habitation without the effective consent of the owner, Curtis Staggs, and did so with intent to commit theft of property. In Count 2[, ] [] on that same day while here in Madison County, they did knowingly or intentionally obtain property from him by violence or by force from his person. . . without his effective consent.
Chronologically, this case actually happened first. Before the defendants went to the Horne house . . . there was an incident at Mr. Staggs'[s] house. . . . [When Mr. Staggs] arrived home at his residence[, ] he saw . . . three or four black males running out of his home. He stated that he approached them and asked what was going on and . . . at that point one of them, and he wasn't sure which one, but one of them had punched him and as he went to the ground, he reported that he was hit or kicked two or three more times at least by the other individuals. . . . He reported that he fell to the ground and . . . the only thing he noticed missing was a set of keys that he had in his pants pocket.
Mr. Staggs had given a description of a black vehicle, a small SUV type vehicle. . . . It was later found at that Sonic. When sheriff's deputies made contact with the four individuals, . . . they found in the front passenger area a set of keys[.] . . . Later that set of keys was given to Mr. Staggs and he was able to identify that as the set of keys that was taken from him during the attack that had happened earlier in the evening of September the 29th.
So the aggravated burglary is the entry into the home by these four defendants. Nothing was reported stolen or taken from the home, so they aren't charged with theft. . . . [T]he robbery is the taking of the keys from [Mr. Staggs] by the use of violence or force[, ] in this case punching and kicking him and then removing those keys.

The trial court accepted the Defendant's guilty pleas to three Class A misdemeanors in case number 13-99 and two Class C felonies in case number 13-100. Pursuant to the plea agreement, he was sentenced to 11 months and 29 days for each offense in case number 13-99 and five years ...


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