Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs December 20, 2016
from the Criminal Court for Sullivan County No. S64891,
S64892 James F. Goodwin, Judge.
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.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Boyer, Blountville, Tennessee, for the appellant, Gary Allen
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
Everett Williams, J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and James Curwood Witt, Jr.,
EVERETT WILLIAMS, JUDGE
AND PROCEDURAL HISTORY
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. 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.
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 ...