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State v. Granderson

Court of Criminal Appeals of Tennessee, Jackson

July 5, 2017

STATE OF TENNESSEE
v.
KERRY GRANDERSON

          Assigned on Briefs May 2, 2017

         Appeal from the Criminal Court for Shelby County No. 15-03052 John W. Campbell, Judge

         The Defendant, Kerry Granderson, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and was sentenced to eleven years in the Tennessee Department of Correction. On appeal, the Defendant argues that: (1) the trial court erred in admitting a witness's prior statement to police as substantive evidence; (2) the trial court erred in admitting jailhouse phone calls made by him; and (3) the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court.

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

          Mark Mesler, Memphis, Tennessee, for the appellant, Kerry Granderson.

          Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Bridgett Stigger, Assistant District Attorney General, for the appellee, State of Tennessee.

          Alan E. Glenn, J., delivered the opinion of the court, in which Robert L. Holloway, Jr., and J. Ross Dyer, JJ., joined.

          OPINION

          ALAN E. GLENN, JUDGE.

         FACTS

         On January 10, 2015, approximately $200 was taken from the car of the victim, Anfernee Thomas, by Nakayla Evans while the armed Defendant forced the victim to remain inside the residence where his car was parked. As a result of his involvement in the incident, the Defendant was indicted for aggravated robbery, and the case proceeded to trial.

         The victim testified that, on the day in question, he had plans to meet Ms. Evans when he got off work as a security guard at 7:00 a.m. Ms. Evans told the victim that she needed money for herself and her child, and he agreed to take Ms. Evans $20 because he was in the area and interested in having sex with her. The victim and Ms. Evans communicated somewhat regularly on Facebook, but they had not met before this time. Ms. Evans told the victim that she lived alone, and the victim assumed that she was nineteen years old although he did not know her age.

         When he arrived at the address given to him by Ms. Evans, 4583 Addington Drive, the victim parked in the driveway and texted Ms. Evans to come outside and get the money. The victim had become uneasy about the situation during the drive and also had another obligation, so he did not want to go inside. Ms. Evans said that it was too cold and told the victim to come inside. The victim agreed because he needed to use the restroom. When Ms. Evans met him at the door, the victim handed her $20 and asked to use the restroom.

         The victim testified that, after leaving the restroom, he encountered the Defendant in the living room. The Defendant asked the victim why he was there and if he knew that Ms. Evans was sixteen years old. The Defendant told the victim to empty his pockets, and the victim showed the Defendant his cell phone, a Bluetooth charger, and his car keys. The Defendant then pulled out a silver/gray gun and said, "[W]here the money at[?]" Scared and in a state of shock, the victim replied that there was $100 in his car. The Defendant told the victim to get on his knees and asked if he wanted to live, die, or go to jail for rape. The Defendant then called for Ms. Evans from a back room and told her to go get the money from the victim's car.

         The victim testified that he actually had $220 in his car, hidden under the cup holder. When Ms. Evans returned with more than $100, the Defendant asked the victim why he had lied and instructed him to beg for his life. After standing over the victim for ten to fifteen seconds, the Defendant told the victim to leave the house. The victim fled to the closest fire station, called the police, and told the responding officers about the robbery. Approximately twenty minutes after the robbery, Ms. Evans sent the victim a message on Facebook apologizing and claiming that she did not know the robbery was going to happen.

         Eight days after the robbery, the victim identified the Defendant and Ms. Evans from photographic arrays. On the Defendant's photograph, the victim wrote, "The guy who held me at gunpoint and asked [Ms. Evans] to go to my car and get my money." The victim testified that he received phone calls from unknown individuals who claimed they were going to pay back the money.

         Nakayla Evans testified that she was presently seventeen years old and the mother of a seven-month-old baby. She said that she had known the Defendant for a couple of months and was friends with his sister but denied that he was the father of her baby. She did not remember telling the police that she had known the Defendant for two years.

         Ms. Evans testified that she met the victim on Facebook and communicated with him online but had only known him for approximately two months. On the date in question, Ms. Evans asked the victim for $20 to buy food and gave him the address to bring the money. She said that the victim brought her the money but wanted sex in return. She stated that the victim did not use the restroom. Ms. Evans recalled that the Defendant, who was asleep in the next room, woke up and told the victim to leave. She said that the Defendant did not have a gun.

         Ms. Evans acknowledged giving a statement to police on January 18, 2015, but she claimed that she did not read the statement before signing it. She identified the statement and her initials and signature on it. She said that neither her mother nor a lawyer was present, even though she was only sixteen years old at the time. Ms. Evans admitted telling the police that the Defendant had a gun and told them the color of the gun, but she claimed she did not remember what color she told them. She did not recall telling the police that she had played with the weapon. Ms. Evans acknowledged telling the police that she took over $200 from the victim and that the Defendant told her to get the money from the car, but she claimed she did not remember what she told the police she had done with the money "because that wasn't true." Ms. Evans said that most of what she said in her statement was not true.

         In response to the State's questioning about her prior statement to police wherein she said that the Defendant had a gun, Ms. Evans claimed that the statement was false. She also said that her statements that the gun was silver and that she had played with the bullets were false. Questioned about her prior statement that she spent $40 of the money on clothing, Ms. Evans claimed the statement was false. Further, she claimed that her statements as to the Defendant's buying items for her ...


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