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State v. Taylor

Court of Criminal Appeals of Tennessee, Knoxville

January 11, 2017

STATE OF TENNESSEE
v.
GARY ALLEN TAYLOR

          Assigned on Briefs December 20, 2016

         Appeal from the Criminal Court for Sullivan County No. S64891, S64892 James F. Goodwin, Judge.

         The Defendant, Gary Allen Taylor, entered a guilty plea to aggravated assault, being a felon in possession of a firearm, and failure to appear in court, with sentencing to be determined by the trial court. At the sentencing hearing, the trial court found that the Defendant was a Range I standard offender and imposed a three-year prison sentence. The Defendant appeals the trial court's denial of alternative sentencing. We conclude that the trial court did not err in sentencing the Defendant to a term of imprisonment. Accordingly, we affirm the judgments of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed.

          Ashley Boyer, Blountville, Tennessee, for the appellant, Gary Allen Taylor.

          Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; Barry P. Staubus, District Attorney General; and Lewis Combs, Assistant District Attorney General, for the appellee, State of Tennessee.

          John Everett Williams, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and James Curwood Witt, Jr., J., joined.

          OPINION

          JOHN EVERETT WILLIAMS, JUDGE

         FACTUAL AND PROCEDURAL HISTORY

         The Defendant pled guilty to aggravated assault involving the use of a deadly weapon, a Class C felony, being a felon in possession of a firearm, a Class C felony, and failure to appear while released from custody, a Class E felony. T.C.A. § 39-13-102(a)(1)(A)(iii), (e)(1)(A)(ii); id. § 39-16-609(a)(4), (e); id. § 39-17-1307(b)(1)(A), (b)(2). Although the record does not include a copy of the guilty plea submission hearing transcript, the record includes copies of the indictments and the affidavits of complaint. We conclude that the record provides us with a sufficient factual basis to conduct a meaningful review of the trial court's judgments.[1] The victim's statement to the police is as follows:

I was mowing the yard and went inside to use the bathroom. I heard a knock at the front door. My buddy Aaron Gross was at the door and the male on the lawn mower[, the Defendant] was yelling at Aaron. I told the man on the lawn mower that Aaron didn't live here so if you have problems with him take it down the road. The male said he would be back in ten minutes and left. He came back approximately 10 minutes later and stopped in front of my mail box and said "you don't own the road, just say something smart." That's when I walked out into the yard. He started moving the lawn mower and he got off of it several times and it kept moving. He finally got it stopped and I saw the barrel of a gun sticking out of a sweatshirt in the trailer he was pulling. I put my foot on the gun and told him to go on over the hill. He then lunged at me and I shoved him back. That's when he grabbed a stick out of the trailer and swung it at me. I then slammed him to the ground.
I grabbed the gun out of the wagon and started walking in the yard and dropped the gun beside the fence. He was telling me I didn't own the road and to give him his shit back. I told him "No, he couldn't get it back" and to "go on over the hill." He jumped on the mower and took off and dropped his beer and beer holder and ran it over. The neighbor came over and picked up the gun and stuck it in his truck.

         One of the arresting police officers gave the following statement in his affidavit of complaint:

On 03/31/2015 at 1905 hours Officer Graham, Officer Newman, Sgt. Brown and I, Officer Dillard responded to 300 Oak Road in reference to an intoxicated male riding a lawn mower up and down the road pulling a trailer full of wood. Officer Graham arrived on scene and spoke to a witness who said "He had the gun in the truck." Officer Graham asked him how the weapon came into play and he said "We ...

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