Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs August 8, 2017
from the Criminal Court for Fentress County No. 2015-CR-146
E. Shayne Sexton, Judge
Fentress County jury convicted the Defendant of perjury, and
the trial court sentenced him to serve eleven months and
twenty-nine days on supervised probation. On appeal, the
Defendant asserts that the evidence is insufficient to
support the jury's verdict against the Defendant for
perjury. After review, we affirm the trial court's
Harding Potter, Jamestown, Tennessee, for the appellant,
James W. Burton.
Herbert H. Slatery III, Attorney General and Reporter; Brent
C. Cherry, Assistant Attorney General; Jared R. Effler,
District Attorney General; and David Pollard and Tessa
Lunceford, Assistant District Attorneys General, for the
appellee, State of Tennessee.
W. Wedemeyer, J., delivered the opinion of the court, in
which D. Kelly Thomas, Jr., and J. Ross Dyer, JJ., joined.
W. WEDEMEYER, JUDGE
case arises from testimony given at an order of protection
hearing. The Defendant filed an order of protection against
Faye Barna. Based upon the Defendant's testimony at the
hearing, a Fentress County grand jury indicted the Defendant
for aggravated perjury.
Order of Protection Hearing
relevant to this appeal, we include the Defendant's
testimony from the October 28, 2015 order of protection
I don't know if you're aware of my case, but I've
just spent the last year and a half in jail for false
statements that Ms. Barna and her friends have made.
I have a -- on October 1st, approximately 7:40 a.m., Ms.
Barna drove by my place of work, gave me the finger twice,
and -- and gave me the sign of a gun as though - as if she
was shooting at me.
Now, I have -- on other occasions, I have here bills from
Jamestown hospital on some broken ribs that she had assaulted
me in the past.
I, also, have a list. I -- I pleaded to a -- a violation of
an Order of Protection, because I was not allowed to turn my
guns in. And the reason I didn't get to turn my guns in
was because Ms. Barna had hidden them. I have a list that she
gave -- that she gave the sheriff.
Defendant began listing multiple weapons that were
"missing." When asked how this was relevant to the
basis of the order of protection and his fear of Ms. Barna,
[I] was saying I was in fear of my life. I hate to admit it.
We used to shoot a lot together, and she's probably a
better shot than I am. I ...