Assigned on Briefs May 2, 2017
from the Criminal Court for Shelby County No. 15-03052 John
W. Campbell, Judge
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
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Mesler, Memphis, Tennessee, for the appellant, Kerry
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
E. Glenn, J., delivered the opinion of the court, in which
Robert L. Holloway, Jr., and J. Ross Dyer, JJ., joined.
E. GLENN, JUDGE.
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.
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
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.
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.
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.
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.
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.
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
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.
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 ...