Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs July 21, 2015
Appeal from the Criminal Court for Hamilton County No. 289916 Don W. Poole, Judge
Michael Lynn Acuff, Chattanooga, Tennessee, for the Appellant, Dominique Ramell Jarrett.
Herbert H. Slatery III, Attorney General and Reporter; Meredith DeVault, Senior Counsel; M. Neal Pinkston, District Attorney General; and Cameron B. Williams, Assistant District Attorney General, for the Appellee, State of Tennessee.
Roger A. Page, J., delivered the opinion of the Court, in which Camille R. McMullen and Robert L. Holloway, Jr., JJ., joined.
ROGER A. PAGE, JUDGE
A. Guilty Plea Submission Hearing
At the guilty plea submission hearing, the State proffered that on or about July 24, 2013, officers with the Chattanooga Police Department responded to the scene at 7200 Igou Gap Road and spoke with the victims Sara Camp and her boyfriend Christopher Stock. The victims had been traveling east in Ms. Camp's vehicle on Igou Gap Road when they noticed a young black male wearing a red shirt lying partially in a ditch in the roadway. They turned around to render aid to the person in the ditch, and when they exited the vehicle, three unknown assailants "rushed" the victims with pistols and carjacked them. All of the suspects fled in the vehicle, but Ms. Camp had an application on her iPhone that allowed her to locate her telephone, which she had left in the vehicle. Using that information, officers located her vehicle at 3518 Ridgeside Road, where they also arrested the suspects, including appellant, who had been involved. Ms. Camp's stolen property was returned to her.
Accordingly, appellant pleaded guilty to carjacking, a Class B felony, and the State dismissed the second count of the indictment, aggravated assault, a Class C felony. The plea agreement provided for an eight-year sentence with the trial court to determine the manner of service. The trial court accepted the agreed-upon length of sentence and set the remaining sentencing issues for a hearing.
B. Sentencing Hearing
At the sentencing hearing, Ms. Camp testified and recounted the facts as set forth by the State at the plea submission hearing. She added that when they encountered the male in the ditch, he was lying down but that when they approached him, Mr. Stock assisted him in standing. When the other assailants attacked, Ms. Camp and Mr. Stock were attempting to walk the allegedly injured male to Ms. Camp's vehicle for the purpose of driving him to a hospital because he appeared to be injured. In addition, she stated that she was terrified at the time and that she was scared that the perpetrators were going to return for them. She recalled that because of the "Find My Phone" application on her iPhone, her vehicle was recovered within three and a half hours from the time it was stolen. Ms. Camp said that her vehicle had not necessarily been damaged but that it was "really, really dirty" when it was returned, that it smelled like marijuana, and that someone had thrown pills all across the backseat. She was not physically injured during the carjacking, but someone pointed a gun in her face. As a result of the attack, she felt that she had lost her peace of mind. On cross-examination, Ms. Camp acknowledged that she later learned that the guns that were used in the carjacking were not real weapons.
The State also called Mr. Stock as a witness, who added some details to Ms. Camp's testimony but whose recollection was substantially the same.
Appellant testified on his own behalf and stated that he pleaded guilty to the offense because he was, in fact, guilty. He participated in this scheme by lying in the ditch pretending to be hurt. He was seventeen years of age when he was involved in the carjacking, and he had been previously adjudicated delinquent in juvenile court for two felony counts involving vehicle ...