Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs August 12, 2014
Appeal from the Criminal Court for Davidson County No. 2007-D-3549 Monte Watkins, Judge
Nathan Caldwell (on appeal) and Ashley Preston (at post-conviction hearing), Nashville, Tennessee, for the appellant, Johnny Young.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Roger Moore, Assistant District Attorney General, for the appellee, State of Tennessee.
D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which James Curwood Witt, Jr., and Norma McGee Ogle, JJ., joined.
D. KELLY THOMAS, JR., JUDGE
The Petitioner was convicted by a Davidson County jury for aggravated burglary, a Class C felony, and theft of property valued at $1000 or more, a Class D felony. He was subsequently sentenced as a Range III, persistent offender to twelve years at forty-five percent for the aggravated burglary conviction and as a career offender to twelve years at sixty percent for the theft of property conviction, which were to be served consecutively for an effective sentence of twenty-four years in the Department of Correction. A motion for new trial was never filed. The Petitioner filed an untimely appeal to this court, alleging that the trial court erred in ordering him to serve his felony sentences consecutively. See State v. Johnny Bernosa Young, No. M2008-02736-CCA-R3-CD, 2010 WL 682510, at *1 (Tenn. Crim. App. Feb. 26, 2010). Waiving the untimeliness of the notice of appeal, this court addressed the issue presented and concluded that the Petitioner was not entitled to relief. No appeal was filed to our supreme court regarding that decision.
In the Petitioner's direct appeal, the following factual background was presented.
Precilla Crudup testified that on August 6, 2007, someone broke into her home and stole a surround sound system, two DVD players, several DVDs, and a half-carat diamond ring. She estimated the value of the items taken to be between $1500 and $2000. In addition, she said that it cost nearly $2000 to repair the window that the burglar broke to get into her home. Crudup stated that a detective later told her that Young, the Defendant-Appellant, was a suspect in her case. She confirmed that she did not know Young and had never given Young permission to be in her home.
Jeffrey Gibson, an officer in the Metropolitan Police Department, testified that he investigated the burglary that took place in Crudup's home on August 6, 2007. Officer Gibson collected fingerprints from the broken window pane and from a soda bottle at the Crudup residence. Although the fingerprints from the bottle were not usable, he was able to lift some identifiable prints from the window pane.
Donald Kahn, an officer with the Metropolitan Police Department, testified that he came in to contact with Young on September 10, 2007, and discovered that he had outstanding warrants for his arrest. He stated that Young would not give him any information regarding his work history or his address for the arrest report. Officer Kahn identified Young as the individual he arrested for the outstanding aggravated burglary and theft warrants.
Linda Wilson, a police identification analyst with the Metropolitan Police Department, was declared an expert in the field of latent fingerprint analysis and identification. Officer Wilson testified that she was given fingerprint evidence from the August 6, 2007 burglary at the Crudup residence. After uploading the fingerprint evidence to Automated Fingerprint Identification System database, Officer Wilson concluded that the ...