Assigned on Briefs July 25, 2017 at Knoxville
from the Circuit Court for Madison County No. 15-487 Kyle C.
Defendant, Jamarius Deon Gant, was convicted by a Madison
County Circuit Court jury of aggravated robbery, a Class B
felony, aggravated kidnapping, a Class B felony, and
facilitation of burglary of a vehicle, a Class A misdemeanor.
See T.C.A. §§ 39-13-402 (2014) (aggravated
robbery), 39-13-304 (2014) (aggravated kidnapping), 39-11-403
(2014) (facilitation of a felony), 39-14-402 (2014) (burglary
of a vehicle). The Defendant also pleaded guilty to two
counts of possession of a handgun by a convicted felon.
See T.C.A. §§ 39-17-1307 (2014) (amended
2017). The trial court sentenced the Defendant as a Range I,
standard offender to consecutive nine-year terms for the
aggravated robbery and aggravated kidnapping convictions. The
Defendant received concurrent sentences of four years for the
firearm convictions and eleven months, twenty-nine days for
the facilitation of burglary of a vehicle, for an effective
eighteen years' confinement. On appeal, the Defendant
contends that (1) the evidence is insufficient to support a
conviction for aggravated kidnapping, and (2) the trial court
erred during sentencing. We affirm the judgments of the trial
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
D. Hamilton (on appeal) and Susan D. Korsnes (at trial),
Jackson, Tennessee, for the appellant, Jamarius Deon Gant.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Jody S.
Pickens, District Attorney General; and Aaron A. Chaplin,
Assistant District Attorney General, for the appellee, State
H. Montgomery, Jr., J., delivered the opinion of the court,
in which Alan E. Glenn and J. Ross Dyer, JJ., joined.
H. MONTGOMERY, JR., JUDGE
case arises from an incident at Jessica Spencer's
apartment in Jackson, Tennessee, on the night of March 30,
2015. Ezikeal Scott testified that he and Ms. Spencer went to
dinner that night and returned to her apartment. Mr. Scott
stated that he sat on the couch in the living room and that
Ms. Spencer went to her bedroom. Mr. Scott said that a man,
later identified as the Defendant, came into the living room
from the back of the apartment and sat down on the couch. Mr.
Scott stated that the Defendant inquired about Mr.
Scott's Ford Mustang, which was parked outside, and that
Mr. Scott told the Defendant the Mustang was for sale. Mr.
Scott said that the Defendant told him he had a gun for sale
and showed Mr. Scott a revolver.
Scott testified that he heard a knock at the door, that Ms.
Spencer told the Defendant to answer the door, and that a
man, who was unknown to Mr. Scott, came into the apartment.
Mr. Scott said that Ms. Spencer was in the bathroom when the
man arrived. Mr. Scott stated that the man sat down on the
couch beside him and that the Defendant stood behind the
couch. Mr. Scott said that a second man, also unknown to Mr.
Scott, entered the apartment. The man wore a ski mask that
covered his face and held a handgun. Mr. Scott said that the
masked man attempted to load the handgun with a bullet and
that another bullet fell from the handgun's chamber onto
Scott testified that the Defendant ordered Mr. Scott to the
back of the apartment and that the first unknown man escorted
Mr. Scott. Mr. Scott stated that the Defendant came into the
back room and told the first unknown man to "check him
for anything that [he] had" and that the first unknown
man began searching Mr. Scott's shirt and pants.
Scott testified that they escorted him to the living room and
that the Defendant and the man wearing a mask ordered Mr.
Scott to remove his clothing, his wallet and money, and to
lie face-down on the floor. Mr. Scott stated that the masked
man pointed a gun at him as he undressed and that he felt
threatened. Mr. Scott said that he lay face down on the floor
when the men brought Ms. Spencer into the living room. Mr.
Scott stated that he and Ms. Spencer were ordered to sit on
Scott testified that the Defendant told the other two unknown
men to go to Mr. Scott's Mustang and that the Defendant
stayed with Mr. Scott and Ms. Spencer inside the apartment.
Mr. Scott said that the unknown men returned with three
televisions, cologne, and cell phones, which they had
retrieved from Mr. Scott's Mustang. Mr. Scott stated that
the Defendant and the men took his wallet, money, and another
cell phone from Mr. Scott's pants pocket. Mr. Scott said
that the masked man asked him if he wanted to see Ms. Spencer
raped and that Mr. Scott replied, "No." Mr. Scott
stated that the unknown men left the apartment and that the
Defendant told the men to "call . . . when you get to
where you're going."
Scott testified that the Defendant remained in the living
room with the revolver. Mr. Scott stated that the Defendant
told him that he could not leave until the unknown men
"got to where they were going." Mr. Scott said that
the Defendant instructed him not to report the incident to
the police. Mr. Scott stated that the Defendant allowed him
to leave after approximately five minutes but that Ms.
Spencer remained in the apartment. Mr. Scott stated that he
drove his Mustang home. He said that his mother contacted the
police, that he gave the police a statement, and that he gave
the police a description of the Defendant, who was wearing
red clothing. Mr. Scott stated that he identified the
Defendant in a photograph lineup.
cross-examination, Mr. Scott testified that during the
preliminary hearing, he mistakenly stated that no one other
than the masked man was armed. He said the Defendant had a
gun. On redirect examination, Mr. Scott stated that he
"was being held like [he] couldn't move." He
stated that before the Defendant allowed him to leave the