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State v. Goss

Court of Criminal Appeals of Tennessee, Jackson

December 22, 2017

STATE OF TENNESSEE
v.
SHELTON STONE GOSS

          Assigned on Briefs May 17, 2017

         Appeal from the Circuit Court for Tipton County No. 8460 Joe H. Walker, III, Judge

         Defendant, Shelton Stone Goss, was convicted by a Tipton County Jury of attempted second degree murder, aggravated burglary, five counts of burglary of a vehicle, two counts of theft under $500, one count of theft over $500, one count of theft over $1, 000, employment of a firearm during the commission of a dangerous felony to wit: attempted second degree murder of Joshua Halleron, and possession of a firearm during the commission of a dangerous felony: to wit: aggravated burglary of the Halleron residence. He received an effective fourteen-year sentence to be served in confinement. On appeal, Defendant argues that the evidence was insufficient to support his convictions. After a thorough review of the record, we affirm the judgments of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed

          Bryan R. Huffman, Covington, Tennessee, for the appellant, Shelton Stone Goss.

          Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and James Walter Freeland, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which John Everett Williams and Robert W. Wedemeyer, JJ., joined.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE

         Background

         Phillip Jackson testified that he lived on Margaret Cove in June 2015, and Defendant lived across the street from him with Defendant's mother, stepfather, and sisters. He had seen Defendant driving a white Dodge Caravan. On June 23, 2015, Mr. Jackson, who worked as a plumber, awoke at 6:00 a.m., got dressed, and walked out of the house at 6:15 a.m. He opened the passenger door to his work truck and noticed that the glove box was open. Mr. Jackson then discovered that his loaded black Walther PK380 pistol was missing from the driver's door compartment. He also discovered that his DeWalt cordless tool set, sewer snake drill, Milwaukee fix flaring tool, pistol holder, Garmin GPS, Cobalt drill bit set, and Rigid pipe wrenches were missing. Mr. Jackson checked his personal vehicle and found that his cell phone and floor jack were missing. He found that a sander was taken from his back porch, and his vitamins, which he stored in a cooler, were sitting on the porch. Mr. Jackson later discovered a bullet from the Walther PK380 on the floorboard of his work truck. He testified that the first bullet would have fallen out from the magazine and "slid[ ] down the receiver and fall[en] out" if someone removed the magazine from the gun while it was fully loaded with a bullet chambered.

         Mr. Jackson testified that he noticed his DeWalt tool bag sitting across the street on Defendant's driveway. The bag was thirty feet from the road and sixty to eighty feet from Defendant's white Caravan. Mr. Jackson knocked on the front door of Defendant's residence and spoke to Defendant's step-father who allowed him to look inside the van. Mr. Jackson personally observed some of his property inside the van, which included the floor jack, Milwaukee hex tool, and copper tubing scraps. He estimated that his property was worth more than $1, 000 and that it would have taken the average person "maybe three" trips to move the items taken from his vehicles. Mr. Jackson did not give Defendant permission to enter his vehicles or take his property.

         Laura Brown testified that she lived on Shannon Lane in June 2015. At approximately 7:00 a.m. on June 23, 2015, Ms. Brown walked outside to her vehicle to leave for work when she noticed that the vehicle had been ransacked. She said: "The glove compartment was opened, whatever, papers and things I had put over, strolled [sic] everywhere." Ms. Brown also discovered that her loaded Smith and Wesson .38 caliber handgun that had been in the console of her car was missing, and she immediately called police. She thought that she had paid more than $500 for the gun. Ms. Brown testified that all of the loose change that she had in the car was also missing. She did not give Defendant permission to enter her vehicle or take her property.

         Brett Kirk testified that he lived on Shannon Lane in June 2015, next door to the Halleron residence. Mr. Kirk, who is a fireman, kept a backpack in the tool box of his truck that contained medical supplies including a first aid kit, surgical masks, a knife, and gloves. He was present on June 23, 2015, when law enforcement officers recovered a surgical mask from between his home and the Halleron residence. Mr. Kirk testified that he did not keep a Smith and Wesson handgun, medicine bottles, or money in the backpack. He estimated that the backpack and its contents were worth less than $500.00. Mr. Kirk did not give Defendant permission to enter his truck or take the backpack.

          Joshua Halleron testified that he lived on Shannon Lane in June 2015 with his wife Christina and their infant daughter. Brett Kirk was his neighbor. At approximately 3:30 to 4:00 a.m. on June 23, 2015, Mr. Halleron was awakened by his wife ...


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