Court of Criminal Appeals of Tennessee, Nashville
Session April 19, 2016
Appeal from the Circuit Court for Perry County No. 2012-CR-81
James G. Martin, III, Judge.
Appellant, Wendall Curtis Doree, was convicted by a Perry
County Circuit Court Jury of especially aggravated
kidnapping, aggravated robbery, aggravated burglary, unlawful
employment of a firearm during the commission of a dangerous
offense, theft over $1, 000, and facilitation of vandalism
over $1, 000. The trial court merged the theft conviction
with the aggravated robbery conviction and imposed a total
effective sentence of twenty-two years. On appeal, the
Appellant challenges the sufficiency of the evidence
sustaining his especially aggravated kidnapping conviction,
contending that in light of State v. White, 362
S.W.3d 559 (Tenn. 2012), the State failed to adduce
sufficient proof that the confinement of the victim was not
incidental to the aggravated robbery and was sufficient,
standing alone, to sustain his conviction of especially
aggravated kidnapping. Upon review, we affirm the judgments
of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Vanessa Pettigrew Bryan and J. Gregory Burlison, Franklin,
Tennessee (on appeal and at trial), and Douglas Bates,
Centerville, Tennessee (at trial), for the Appellant, Wendall
Herbert H. Slatery III, Attorney General and Reporter; Clark
B. Thornton, Senior Counsel; Kim R. Helper, District Attorney
General; and Jennifer Mason, Assistant District Attorney
General, for the Appellee, State of Tennessee.
McGee Ogle, J., delivered the opinion of the court, in which
John Everett Williams and Robert W. Wedemeyer, JJ., joined.
MCGEE OGLE, JUDGE.
Appellant's convictions stemmed from a break-in that
occurred at the home of the victim, Karen Langer, on October
14, 2012. At trial, the victim testified that she lived at a
"secluded" location on Carter Hollow Road in
Linden. Around 2:00 p.m. on October 14, she was upstairs and
heard her dogs bark. She looked outside, saw nothing, and
went downstairs to prepare lunch. While slicing tomatoes in
the kitchen, she heard a noise from the front of the house.
She turned and saw two men, who were wearing masks and hoods
and carrying black guns, walking toward her. One man, who was
later identified as Joshua Gregg, told her to put down the
tomato knife, and she complied. The other man, who was later
identified as the Appellant, walked up to her. She looked at
him and said, "[Y]ou're Greg Doree's son."
The Appellant replied, "[N]o, I'm not." The
Appellant did not speak further but "indicated"
that Mr. Gregg should "hold [her] there." The
Appellant searched through the cabinets and drawers and found
an antique .410 rifle that the victim's father had given
Mr. Gregg stayed with the victim, the Appellant went to the
office at the front of the house and cut the telephone lines.
Mr. Gregg took the victim's cellular telephone, broke it
in half, and put the pieces and the cordless house telephones
into the toilet.
Appellant "indicated" that Mr. Gregg should stay
with the victim while the Appellant went upstairs. Mr. Gregg
told the victim that he was taking her laptop computer, which
was on the kitchen table, to prevent her from contacting
anyone. He unplugged the computer and the computer mouse. He
told the Appellant that they needed to leave, then he
instructed the victim to walk into the bathroom. She
complied, and he shut the bathroom door. Shortly thereafter,
Mr. Gregg told her to come out of the bathroom. She saw the
Appellant walk downstairs carrying a flat-screen television,
which he then carried outside.
the Appellant left the house, Mr. Gregg made the victim walk
outside and told her that he was going to put her inside a
shed. She asked him not to, explaining that she could not get
out of the shed. He agreed not to put her inside the shed and
asked for her car keys. She gave him two sets of keys for her
GMC Terrain and one set of keys for her Ford. Afterward, Mr.
Gregg instructed her to sit on her hands on the ground, and
she complied. The perpetrators put the television into the
back of the Terrain. The victim did not recall seeing them
put the rifle into the car. The Appellant got into the front
passenger seat, and Mr. Gregg got into the driver's seat.
The victim told Mr. Gregg that the emergency brake was
engaged. He disengaged the emergency brake and told the
victim that they would leave the vehicle at the end of the
while" after the perpetrators left, the victim walked to
the kitchen. She remembered having an inexpensive telephone
that the perpetrators did not find. She found the telephone
and plugged it into a telephone jack. Before she made a call,
however, she realized she did not want to stay at the house
and began looking for a set of keys to the Ford that had been
misplaced. She found the keys and drove to the house of her
neighbor, Janet Jordan. After the victim told Ms. Jordan what
had happened, Ms. Jordan called 911. An officer came to Ms.
Jordan's residence and spoke with the victim. The officer
and the victim went to the victim's residence.
victim testified she was certain that she recognized the
Appellant by his eyes, noting that he had done some yard work
and picked blueberries for her that summer or the previous
summer. She identified the Appellant in the courtroom. She
said that the Appellant pointed his gun at her when he first
entered the house.
victim said the television was "a good size" Sanyo
that she had bought for $500. She had bought the laptop
computer for $500 a couple of years prior to the robbery. The
rifle had sentimental value because it was a gift from her
father, who had passed away. The victim said that she did not
invite the men into her house and that she did not feel free
to leave because Mr. Gregg kept a gun pointed at her. She
acknowledged she had a computer in her office that the
perpetrators did not take. She said that the computer was
"closed, " that she hardly ever used it, and that
she never thought about using it to summon help.
victim said that when she drove away from her house, she did
not see the Terrain at the end of the driveway and that it
was not returned to her until four or five months after the
robbery. She paid $5, 000 for replacement keys and repairs to
the vehicle. The stolen television was returned to her house.
An officer took it upstairs to determine if it fit inside the
"dust ring" left on the table when the television
cross-examination, the victim acknowledged she told Deputy
Laura Leegan, the officer who responded to Ms. Jordan's
house after the 911 call, that she was unsure of her
identification of the Appellant. The victim explained that
she was nervous when she spoke with ...