Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Toone

Court of Criminal Appeals of Tennessee, Jackson

March 16, 2017

STATE OF TENNESSEE
v.
JEFFERY KEITH TOONE, JR.

          Assigned on Briefs November 1, 2016

         Appeal from the Circuit Court for Madison County No. 15-159 Kyle C. Atkins, Judge

         The Defendant-Appellant, Jeffery Keith Toone, Jr., pled guilty to two counts of extortion, ten counts of attempted sexual exploitation of a minor, and two counts of solicitation of sexual exploitation of a minor and received an effective four-year sentence, suspended to supervised probation after service of two consecutive sentences of eleven months and twenty-nine days in the county jail. As a condition of his guilty plea, Toone sought to reserve several certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(A), generally arguing that the transfer of his case from juvenile court to circuit court was improper. Because Toone's certified questions are overly broad, the appeal is dismissed.

         Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

          C. Mark Donahoe, Jackson, Tennessee for the Defendant-Appellant, Jeffery Keith Toone, Jr.

          Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; James G. (Jerry) Woodall), District Attorney General; and Benjamin C. Mayo, Assistant District Attorney General, for the Appellee, State of Tennessee.

          Camille R. McMullen, J., delivered the opinion of the court, in which John Everett Williams and J. Ross Dyer, JJ., joined.

          OPINION

          CAMILLE R. MCMULLEN, JUDGE

         On July 9, 2013, two petitions were filed in the Madison County Juvenile Court alleging that Toone committed certain delinquent acts. These acts included Toone posing as a juvenile female to obtain nude pictures of other juveniles and then extorting these juvenile victims by threatening to post their nude pictures online unless the victims sent more nude photographs of themselves.

         On August 1, 2013, the State filed a motion for Toone to be tried as an adult in accordance with the juvenile transfer hearing statute in Tennessee Code Annotated section 37-1-134. Following a transfer hearing in September 2013, the juvenile court transferred Toone's case to the Madison County Circuit Court.

         On March 2, 2015, a Madison County Grand Jury returned an indictment charging Toone with two counts of extortion and thirteen counts of sexual exploitation of a minor. On November 4, 2015, Toone pled guilty two counts of extortion, ten counts of attempted sexual exploitation of a minor, and two counts of solicitation of sexual exploitation of a minor. Pursuant to his guilty plea, one of the counts for sexual exploitation of a minor was dismissed, and the trial court imposed an effective four-year sentence, suspended to supervised probation after service of two consecutive sentences of eleven months and twenty-nine days in the county jail. At the time, Toone sought to reserve, with the consent of the State and the trial court, the following eight certified questions of law that the trial court and the parties agreed were dispositive of the case:

The certified question of law that the Defendant hereby reserves for appellate review is as follows: (1) Whether or not the transfer of the Defendant's case from juvenile court, pursuant to T.C.A. § 37-1-134 was appropriate; (2) whether or not the juvenile court properly considered the factors enumerated in T.C.A. § 37-1-134 in finding that the juvenile met the requirements for transfer to criminal court; (3) whether or not the proof submitted by the State at the juvenile court transfer hearing pursuant to T.C.A. § 37-1-134 was adequate, appropriate, competent and sufficient to support a transfer by the juvenile court of the juvenile to criminal court; (4) whether or not the State adequately proved at the juvenile transfer hearing whether or not reasonable notice in writing of the time, place and purpose of the hearing was given to the child and the child's parents, at least three (3) days prior to the hearing; (5) whether or not the court erred in finding reasonable grounds and/or did not consider the following: (a) the child committed the delinquent act as alleged; (b) the child is not committable to an institution for the developmentally disabled or mentally ill; and (c) the interest of the community require that the child be put under legal restraint or discipline; (6) whether or not the juvenile court, in making the determination to transfer, failed to: (a) appropriately consider the extent and nature of the child's prior delinquency records; (b) the nature of past treatment efforts and the nature of the child's response thereto; (c) whether the offense was against person or property, with greater weight in favor of the transfer give[n] to offenses against the person; (d) whether the offense was committed in an aggressive and premeditated manner; (e) the possible rehabilitation of the child by use of procedures, services and facilities currently available to the court in this state; and (f) whether the child's conduct would be a criminal gang offense as defined in T.C.A. § 40-35-121; (7) whether or not the state failed to introduce adequate proof at the juvenile transfer hearing that reasonable notice in writing of the time, place and purpose of the hearing was given to the child and the child's parents; (8) whether or not the state failed to introduce adequate proof to prove: (a) proof to appropriately consider the extent and nature of the child's prior delinquency records; (b) the nature of past treatment efforts and the nature of the child's response thereto; (c) whether the offense was against person or property, with greater weight in favor or the transfer give[n] to offenses against the person; (d) whether the offense was committed in an aggressive and premeditated manner; (e) the possible rehabilitation of the child by use of procedures, services and facilities currently available to the court in this state; and (f) whether the child's conduct would be a criminal gang offense as defined in T.C.A. § 40-35-121.

         Toone filed a timely notice of appeal on November 25, 2015.

         On May 9, 2016, Toone filed a motion in this court to accept a late-filed exhibit supplementing the appellate record with the transcript of the juvenile transfer hearing. Attached to this motion was the transcript of the juvenile transfer hearing.[1] On July 11, 2016, this court granted the motion to supplement the record and ordered the trial court, within fifteen days of the order, to certify and transmit to the appellate court a supplemental record including the transcript of the juvenile transfer hearing. See State v. Jeffery Keith Toone, Jr., No. W2015-02332-CCA-R3-CD (Tenn. Crim. App. July 11, 2016) (order). Nevertheless, the appellate record was not properly supplemented with this transcript because Toone did not file a copy of the transcript of the juvenile transfer hearing with the trial court clerk. See Tenn. R. App. P. 24(b) (requiring transcripts to be filed with the clerk of the trial court in order to be included in the appellate record); Cf.State v. Matthews, 805 S.W.2d 776, 783-84 (Tenn. Crim. App. 1990) (concluding that a transcript attached to the appellant's brief could not be considered because it ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.