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State v. Patrick

Court of Criminal Appeals of Tennessee, Knoxville

December 29, 2016


          Assigned on Briefs November 16, 2016

         Appeal from the Circuit Court for Sullivan County No. S63494 R. Jerry Beck, Judge

         Defendant, Jill Alyse Patrick, appeals her conviction for facilitation of a violation of the sex offender registry as well as her resulting sentence of eleven months and twenty-nine days to be served on probation after the service of thirty days in incarceration. After a review of the evidence, we determine Defendant is not entitled to relief. However, a clerical error in the judgment requires our remand to the trial court for correction of the error. Accordingly, the judgment of the trial court is affirmed and remanded.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed and Remanded.

          Kenneth Hill, Kingsport, Tennessee, for the appellant, Jill Alyse Patrick.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Barry P. Staubus, District Attorney General; and Julie R. Canter, Assistant District Attorney General, for the appellee, State of Tennessee.

          Timothy L. Easter, J., delivered the opinion of the court, in which D. Kelly Thomas, Jr., and Robert H. Montgomery, Jr., JJ., joined.



         An affidavit of complaint was filed in the General Sessions Court of Sullivan County on November 1, 2013, alleging that Defendant allowed a registered sex offender, Timothy Wayne Smith, to live at her residence with her daughter, Alicia Patrick, and her daughter's three children. Alicia Patrick was Mr. Smith's girlfriend. The affidavit of complaint alleged Defendant violated Tennessee Code Annotated "39-11-403 Facilitation of a violation of a sex offender (40-39-2011)[1] residential restrictions." As a result of the affidavit of complaint, an arrest warrant was issued.

         Defendant was found guilty of facilitation of a violation of the sex offender registry in General Sessions Court. The trial court sentenced Defendant to eleven months and twenty-nine days, ordering Defendant to serve thirty days in incarceration with the remainder suspended to probation. The trial court also ordered Defendant to perform 240 hours of community service. Defendant appealed to the Sullivan County Circuit Court.

         At the bench trial in Circuit Court, the State set forth proof of Mr. Smith's four prior convictions for carnal knowledge of a minor from the commonwealth of Virginia. Mr. Smith registered as a sex offender with the Bristol Police Department on September 30, 2013, where he provided an address of 1215 Windsor Avenue, Apartment 2, Bristol, Tennessee. He was accompanied by his girlfriend, Alicia Patrick, and her mother, Defendant. Ms. Patrick had at least one of her children with her at the police department that day. According to Lieutenant Debbie Richmond, Mr. Smith, Alicia Patrick, and Defendant "were advised" that Mr. Smith could not live with any children because of his prior convictions. At that time, Alicia Patrick had three minor children. Mr. Smith was not the biological father of any of the children.

         Lieutenant Debbie Richmond had known Defendant for about twenty years and saw her enter the police station with Mr. Smith on the day that he registered as a sex offender. While Mr. Smith was registering as a sex offender in Tennessee, Defendant informed Lieutenant Richmond that Mr. Smith had just been released from jail in Virginia for violating the sex offender registry and that she promised the judge that Mr. Smith could live with her at her apartment. Lieutenant Richmond admonished Defendant that Mr. Smith could not live there if the children were living at her apartment. Mr. Smith was actually arrested on the day he registered as a sex offender because he did not register in a timely fashion.

         Dannielle Eller, a detective with the Bristol Police Department, testified that she was the primary child abuse investigator and maintained the sex offender registry for the Bristol Police Department. On November 1, 2013, she went to the residence listed by Mr. Smith and issued arrest warrants for all three parties at that location, including Alicia Patrick, Mr. Smith, and Defendant, because surveillance indicated that all three of Alicia Patrick's minor children were probably living at the residence.[2] When she arrived, all three adults and the three minor children were inside the apartment. Detective Eller also observed children's clothing, car seats, diapers, and a "Pack'n'Play" portable crib at the apartment. A school bus driver confirmed that she dropped at least one of Alicia Patrick's children off after school at the same apartment from September of 2013 until "after Christmas." The driver waited until the child went inside the apartment because the child was in kindergarten.

         Defendant testified that Alicia Patrick was in a romantic relationship with Mr. Smith while he was in jail in Virginia. Mr. Smith got out of jail and "walked the streets for a few days" before Defendant "felt sorry for him and . . . let him register at [her] house." Defendant testified that Alicia Patrick and her three children were staying at Abuse Alternatives emergency shelter around this time. Records from Abuse

         Alternatives confirmed that Alicia Patrick and her three children stayed at the shelter from August 6, 2013, until September 16, 2013. Defendant claimed that her daughter and children went "to a friend's house" after they left the shelter. This friend was identified only as "Christy."

         Mr. Smith registered as a sex offender on September 30. Defendant agreed that she and Alicia Patrick, along with two of Alicia Patrick's children, accompanied Mr. Smith to the police station to register. Defendant denied that Lieutenant Richmond told her Mr. Smith was not allowed to live at the house with the children. Mr. Smith was arrested and spent a few days in jail. Defendant ...

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