Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs at Knoxville September 16, 2014
Appeal from the Criminal Court for Davidson County No. 2013-I-1290 J. Randall Wyatt, Jr., Judge
Dawn Deaner, District Public Defender; Emma Rae Tennent, Assistant District Public Defender (on appeal); and Aisha McWeay, Assistant District Public Defender (at hearing), Nashville, Tennessee, for the appellant, Charles Newsom.
Robert E. Cooper, Jr., Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Amy Hunter, Assistant District Attorney General, for the appellee, State of Tennessee.
Robert H. Montgomery, Jr., J., delivered the opinion of the court, in which Norma McGee Ogle and Roger A. Page, JJ., joined.
ROBERT H. MONTGOMERY, JR., JUDGE
At the guilty plea hearing, the prosecutor stated the following:
Had this case gone to trial the State's proof would have shown that on October 15, 2013 the victim Adria Sambor returned to her residence and found that the home had been burglarized via the bedroom window. Caleb Rich also lives at that location. Two Macbooks, an Ipad, a silver 120GB Ipod, and a PlayStation 3 with four controllers and eight games were stolen.
At about 4:45 a suspicious person call was dispatched at 1506 Fatherland. The caller said there were two male blacks, late teens, one with dreads wearing a white t-shirt and baggy blue jeans, the other with short hair wearing a red long sleeve shirt were looking into houses in the area. About five minutes later a theft call was dispatched at 207 South 13th Street. A neighbor called the police and said that there were two male blacks, one with dreads wearing a white t-shirt and the other with shorter hair and wearing a red long sleeve shirt had stolen a package from the porch of that location and that they were in the alley.
Officer Donegan responded and located the defendant and a juvenile codefendant at 1001 Shelby Avenue. The defendant had dreads and was wearing a white t-shirt and baggy blue jeans. The juvenile codefendant was wearing a red long sleeve shirt and had shorter hair. They were both positively identified by the witness. The defendant granted consent to search his person and Officer Donegan found the silver Ipod in his pants pocket that had Caleb Rich's name on the main screen.
The defendant said that he and the codefendant were in the area but denied stealing the package from 207 South 13th and denied burglarizing 1200 Shelby Avenue.
The presentence report was received as an exhibit at the sentencing hearing and reflected that the eighteen-year-old Defendant had neither completed high school nor obtained his high school equivalency. He reported that he had never used alcohol, narcotics, or unprescribed medications. He had Type I Diabetes that required insulin shots with every meal, and he took medication for a heart condition. He was declared physically disabled in 2001 and had never been employed.
Adria Sambor, one of the victims, testified that she found her door unlocked and her home ransacked when she returned from work on October 15, 2013. She found dirt, sticks, and mud throughout the house and a broken bedroom window, which she said was the point of entry. She felt scared, horrified, and violated. She listed several missing items: two laptop computers, a telephone, an iPad, speakers, two large hiking backpacks, a Play Station, games, and other unspecified items. She valued the stolen items at $4500 to $5000 and said that although the property was insured, she had a $500 deductible. She said personal photographs and other information that could not be replaced had been stored on some of the items. She worried daily when she left home about someone burglarizing the house and being inside when she returned.
Ms. Sambor asked that the trial court give the Defendant the strictest punishment possible and that the sentence include confinement. She said that she and her boyfriend had agreed previously to a bond reduction from $35, 000 to $3500 for the Defendant in exchange for his consent and plea to a criminal information and that they ...