Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Perez

Court of Criminal Appeals of Tennessee, Jackson

January 30, 2018


          Assigned on Briefs July 11, 2017

         Appeal from the Criminal Court for Shelby County No. 15-04988 John Campbell, Judge

         The Defendant, Daniel Perez, was convicted of one count of aggravated robbery. The Defendant argues: (1) that the evidence was insufficient to support his conviction, and (2) that the trial court erred in allowing the State to reference witnesses that the Defendant could have produced at trial. Following our review, the judgment is affirmed.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          Stephen C. Bush, District Public Defender; Tony N. Brayton, Assistant Public Defender (on appeal); and Neil Umstead, Assistant Public Defender (at trial), for the appellant, Daniel Perez.

          Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Amy P. Weirich, District Attorney General; and Olivia Brame, Assistant District Attorney General, for the appellee, State of Tennessee.

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which Norma McGee Ogle and Camille R. McMullen, JJ., joined.


          D. KELLY THOMAS, JR., JUDGE.


         This case arose following the July 4, 2015 robbery of the victim, Jose Murguia. Thereafter, the Shelby County Grand Jury charged the Defendant with one count of aggravated robbery. See Tenn. Code Ann. § 39-13-402. A trial began in the Criminal Court for Shelby County on September 12, 2016.

         The victim testified that he was robbed "in the afternoon" on July 4, 2015, at the Prescott Place Apartments. He explained that he was "walking toward the store" located in his apartment complex and "turned around because" the store "didn't have the food that [the victim] ordered." The victim stated that he saw a "Ford F-150 black" truck near his apartment when he walked to the store and that the Defendant "was in the truck with his partner." The victim said that he "didn't think anything" about seeing the truck. However, as the victim was "walking back to [his] house[, ]" the Defendant and another individual "jump[ed] out from the bushes[.]" The Defendant told the victim, "Don't move or we f-k you up." The victim said that he knew one of the individuals was the Defendant because the victim "turn[ed]" and looked "over [his] shoulder" and saw the Defendant. The victim said that he observed the Defendant holding a gun and that the Defendant placed the gun against the victim's head. The victim testified that he feared for his life and that he believed the two men would kill him. The victim claimed that one of the individuals removed his wallet from his pocket and took $150.00 from it. The victim explained that the two indivduals were standing behind him, so he was not able to see which one reached into his pocket. When asked what happened after the Defendant "put a gun to [the victim's] head and after someone took [his] wallet[, ]" the victim stated, "They got into a truck. [The Defendant] drove -- and they drove off." The victim said that it was the same Ford truck he observed when he originally left his apartment.

         The victim stated that he knew the Defendant prior to this incident. He explained that the Defendant was "around the apartments" where the victim lived "on Fridays and Saturdays[.]" The victim said that he had seen the Defendant at the apartment complex approximately three times prior to the robbery. Furthermore, the victim testified that the Defendant "was always driving" the black truck. Regarding the truck, the victim asserted, "It's [the Defendant's]." On-cross examination, the victim agreed that he had seen the Defendant "more than three or four times" at the apartment complex and agreed that he had never spoken to the Defendant.

         Furthermore, the victim admitted that the only time he saw the Defendant's face was "when [he] turned around for those couple of seconds" during the robbery. Counsel for the Defendant asked the victim if he remembered being asked the following question during the preliminary hearing:

Defense counsel: "After they threw the wallet down they then turned and ran away from you toward their truck; is that right?"
The victim: "Yes, yes, because I saw them when they went toward the truck."
Defense counsel: "Okay. Your answer to that question was: Okay. They turned the truck on. I walked toward the hallway and I see them in the truck when they quickly pulled away. I saw his face."
The victim: "Yes. When they passed by with the truck and they came around, yes, I saw his face. I saw his face again."
Defense counsel: "Okay. But you testified the only time you saw him that day was when you turned your head and then when they ran off you never saw them again."
The victim: "When he put the gun toward my head . . . I turned around, I saw his face. And then when they drove off yeah, they passed by and I saw [the Defendant]."

         The victim explained that after the robbery, he called the police. The following day on July 5, 2015, the victim went to the police station and gave a formal statement. While at the station, the victim identified the Defendant in a photographic lineup. The State provided the victim with a document, and the victim identified it as the photographic lineup he viewed on July 5, 2015. He agreed that he had circled a photograph of the Defendant and that his signature appeared on the document under a statement reading, "This is the person that robbed me with another person with tattoos."

         Ernesto Vasquez testified that he was living at Prescott Place Apartments on July 4, 2015. Mr. Vasquez said that he remembered calling the police on July 4, 2015, due to the fact that he "saw a truck that seemed suspicious to [him] because it was driving around, coming in and out" of the apartment complex and "sometimes [the truck] sped up." Mr. Vasquez said that this occurred in the afternoon some time after 4:00 p.m. and that the truck was a black F-150. He explained that he took note of the truck's tag number and gave this information to the police that day when they arrived at the apartment complex. When asked if he observed any individuals in the truck, Mr. Vasquez responded, "The[re] were [a] few of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.