Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs December 9, 2014
Appeal from the Circuit Court for Sullivan County No. S61343 R. Jerry Beck, Judge
Jordan C. Pennington, Bristol, Virginia, for the appellant, Tianna M. Amyx.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Barry P. Staubus, District Attorney General; and Emily M. Smith, Assistant District Attorney General, for the appellee, State of Tennessee.
Alan E. Glenn, J., delivered the opinion of the Court, in which Thomas T. Woodall, P.J., and Timothy L. Easter, J., joined.
ALAN E. GLENN, JUDGE
At the guilty plea hearing, the prosecutor recited the evidence the State would have presented had the case proceeded to trial:
The State's proof, had this case gone to trial, would be that on June 7th, 2012, Detective Martin Taylor of the Kingsport Police Department responded to 1040 Fairway Avenue in Kingsport in regards to a residential burglary. Upon arrival at the location Patrolman Kenneth Jackson stated that the victim, Ariana Villegas, stated that persons unknown had entered her residence between the hours of 2:30 p.m. and 3:30 p.m. that day by forcing open a side window. Once inside, the suspects removed a 55" Sanyo flat screen TV from the living room and exited through the rear door of the residence.
Detective Taylor was able to locate two witnesses who stated that they personally observed the stolen TV inside [the defendant's] residence which is . . . directly next door to the victim.
One witness further stated that a light-skinned black female stated she had hurt her hand while breaking into the residence. That person was later determined to be Harley Sledge, the co-defendant.
On June 14th, 2012, Detective Taylor interviewed [the defendant] at the Kingsport Police Department regarding the incident. After being informed of her Miranda warning, [the defendant] waived her rights and gave a statement involving her involvement in the burglary and theft of the television. She stated that she and a friend had entered the house, taken the items, and sold the TV to a person named Paul Hunley in Church Hill.
Mr. Hunley confirmed he had purchased the TV, and th[e] television was recovered.
At the April 15, 2014 alternative sentencing hearing, the defendant testified that she and the co-defendant broke into the victim's home because the victim had broken into her home on a prior occasion. The defendant explained that she committed the crimes because she was "stressed out and ended up doing pills for the first time in my life. And [the co-defendant] . . . just asked me to do it. And me being on the pills and in the wrong state of mind, I done it. And we . . . did do it together." She admitted that she took the victim's television. She acknowledged that her arrest on these charges resulted in a violation of her probation, for which she served ninety days. She also acknowledged that she had violated her probation by failing a drug test. The defendant said she had ...