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State v. Turner

Court of Criminal Appeals of Tennessee, Jackson

December 19, 2017

STATE OF TENNESSEE
v.
KEVIN TURNER

          Assigned on Briefs October 3, 2017

         Appeal from the Criminal Court for Shelby County No. 15-01136 Carolyn W. Blackett, Judge

         The Defendant, Kevin Turner, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and was sentenced to eight years in the Tennessee Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence. 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

          Shannon M. Davis (on appeal and at trial) and Patience Branham (at trial), Memphis, Tennessee, for the appellant, Kevin Turner.

          Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Counsel; Amy P. Weirich, District Attorney General; and Paul Goodman, Assistant District Attorney General, for the appellee, State of Tennessee.

          Alan E. Glenn, J., delivered the opinion of the court, in which John Everett Williams and Norma McGee Ogle, JJ., joined.

          OPINION

          ALAN E. GLENN, JUDGE.

         FACTS

         The Defendant was indicted for the aggravated robbery of the victim, John Mayfield, which occurred during the early morning hours of September 29, 2014.

         At trial, the victim testified that in September 2014, he worked at a Target store as a stocker and lived in the Ridgecrest Apartments in Memphis. The victim described that the apartments were "[k]ind of [in] a bad neighborhood, " and he was often concerned about his safety and that of his family. "Because the area that [he] lived in was not safe, " the victim sometimes carried a gun. The victim knew of the Defendant from the apartment complex by the nickname "King."

         On September 29, 2014, the victim was leaving to go to work around 3:45 or 4:00 a.m. when he saw the Defendant and another man whom he did not know sitting on the steps outside his apartment. The previous day, the victim and the Defendant had spoken, and their conversation revolved around the victim's gun and the fact that the victim had a permit allowing him to carry it with him. The morning of the incident, the victim and the Defendant engaged in a casual conversation during which the "other guy came up behind [him] and put [a] gun to [his] back." Although the victim did not see the gun at this time, based on his familiarity with guns, he was sure it was a gun pressed to his back, and he feared for his life. The men told the victim to give them his gun, and the Defendant also took $30 cash from him.

         The Defendant and the other man walked to a black SUV in the parking lot and drove off. The victim could see the second man's gun as the men were walking to the car. The victim returned to his apartment and left the magazine with bullets that had been in his back pocket. Because he did not want to lose his job, the victim went to work but called the police once he arrived.

         The victim testified that the police came to Target to speak with him, and a detective later asked him to review photographs in an effort to identify his assailants. The victim identified the Defendant's photograph as one of the men who robbed him. However, he elaborated that the Defendant had tattoos on his face at the time of the robbery but did not in the ...


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