Session September 6, 2017
from the Circuit Court for Henry County No. 15497 Donald E.
defendant, Guy Len Biggs, pled guilty to aggravated perjury
and fabrication of evidence in violation of Tennessee Code
Annotated sections 39-16-703 and 39-16-503. For his
respective crimes, the trial court imposed concurrent
sentences of four and five years in the Tennessee Department
of Correction. The trial court ordered the effective
five-year sentence to run consecutively to a prior,
twelve-year sentence for attempted second degree murder. On
appeal, the defendant argues the trial court abused its
discretion by ordering his present sentences to run
consecutively to his prior sentence. The defendant also
vaguely challenges the length and manner of service of his
sentences for aggravated perjury and fabrication of evidence.
Following our review of the briefs, the record, and the
applicable law, we affirm the defendant's four and
five-year sentences to be served in confinement,
consecutively to the twelve-year sentence for attempted
second degree murder.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Benjamin S. Dempsey, Huntingdon, Tennessee, for the
appellant, Guy Len Biggs.
Herbert H. Slatery III, Attorney General and Reporter; David
H. Findley, Assistant Attorney General; Matthew F. Stowe,
District Attorney General; and Paul Hessing, Assistant
District Attorney General, for the appellee, State of
Ross Dyer, J., delivered the opinion of the court, in which
Thomas T. Woodall, P.J. and Norma McGee Ogle, J., joined.
ROSS DYER, JUDGE.
March 2015, while on trial for attempted first degree murder,
the defendant, in support of his defense at trial, perjured
himself and submitted a fabricated document into evidence
detailing a false military career. Specifically, the
defendant argued the State's theory, that he
unsuccessfully shot his wife's lover, was impossible
because of his military training and expertise. At the close
of trial, the jury convicted the defendant of the
lesser-included offense of attempted second degree murder. On
August 3, 2015, the trial court sentenced the defendant to
twelve years' incarceration for his crime.
on November 2, 2015, the defendant was indicted for one count
of aggravated perjury and one count of fabricating evidence
to which he pled guilty on January 7, 2016. At the sentencing
hearing for these convictions, the pre-sentence report was
entered into evidence and the defendant's daughter, Karen
Biggs, testified on behalf of her father. Ms. Biggs stated
the defendant is honest and kind, but also acknowledged the
defendant lied during his trial testimony and created a false
document to support the same. Ms. Biggs couched the
defendant's behavior in the following way: "Yes,
I'm sure he has done what he had to do. He was scared and
tried to help himself in any way." No other evidence was
offered during the sentencing hearing.
to sentencing the defendant, the trial court provided the
following procedural and factual history surrounding the
defendant's present convictions:
The [c]ourt has heard the evidence, and arguments of counsel,
presented on the matter of sentencing. Before I impose
sentence I need to, for purposes of the record, state some
items that would allow a reviewing court to understand,
looking at this record only, the context in which this crime
[The defendant] was originally charged for [a]ttempted
[f]irst [d]egree [m]urder. That case went to trial to a jury.
This [c]ourt presided at that trial, which did last multiple
The allegations were, and the state's theory, which the
jury accredited, and the [c]ourt also accredited that theory,
was, to the effect, that [the defendant], in conjunction with
his wife, lured, or made arrangements for, the lover of [the
defendant's] wife to come to the [defendant and his
wife's] home for purposes of [the defendant] shooting,
and killing, the lover.
The plan went so far as the gentlemen (sic), who was the
victim in the [a]ttempted [m]urder, did come to the home, and
came inside the home, and a shot was fired. [The defendant]
did not successfully hit the other actor, the victim in that
case. [The defendant], however, was not clear, or it was
unknown, whether he did, or he did not, hit him, and [the
defendant] staged a shooting of himself.
In other words, it was the State's theory that [the
defendant] then turned the gun on himself and shot himself,
so as to make it look as though he was the victim, and after
investigation by law enforcement, and, in fact, the other
gentleman being arrested originally, law enforcement charged