Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs November 14, 2017
from the Criminal Court for Davidson County No. 2016-A-423
Cheryl A. Blackburn, Judge
Defendant, Terance P. Bradley, aka Terrance P. Bradley, was
convicted by a Davidson County Criminal Court jury of
aggravated burglary, a Class C felony; reckless aggravated
assault, a Class D felony; and assault, a Class A
misdemeanor. The trial court sentenced him as a Range III,
persistent offender to twelve years at 45% for the aggravated
burglary conviction; as a Range IV, career offender to twelve
years at 60% for the reckless aggravated assault conviction;
and to eleven months, twenty-nine days for the misdemeanor
assault conviction, with all sentences to be served
concurrently with each other but consecutively to his
convictions in another case. On appeal, the Defendant
challenges the sufficiency of the evidence of his aggravated
burglary and reckless aggravated assault convictions.
Following our review, we affirm the judgments of the trial
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Umerley (on appeal); Frank E. Mondelli, Jr. and Nick McGregor
(at trial), Nashville, Tennessee, for the appellant, Terance
P. Bradley, aka Terrance P. Bradley.
Herbert H. Slatery III, Attorney General and Reporter; Ruth
Anne Thompson, Senior Counsel; Glenn R. Funk, District
Attorney General; and Megan M. King and Leandra J. Varney,
Assistant District Attorneys General, for the appellee, State
E. Glenn, J., delivered the opinion of the court, in which
John Everett Williams and Norma McGee Ogle, JJ., joined.
E. GLENN, JUDGE.
case originated from a dispute between neighborhood children
in a Nashville apartment complex. According to the
State's proof at trial, on July 29, 2014, the
fourteen-year-old son and twelve-year-old daughter of Patrick
Guider, who was a resident of the apartment complex, got into
an altercation with the Defendant's seven- or
eight-year-old son. At the time, the Defendant lived in an
apartment in the same complex with several people, including:
his girlfriend; his girlfriend's son, Hurley Brown; Mr.
Brown's girlfriend, Shareka Hunter; and several of the
adults' respective minor children.
time after Mr. Guider learned from his children about the
altercation, Ms. Hunter, who was irate, came to Mr.
Guider's apartment to complain about Mr. Guider's
much older and larger son having beaten the Defendant's
son. Mr. Guider's twelve-year-old daughter telephoned her
mother, Crystal Hasty, and she quickly arrived at the scene
with her boyfriend, Phillip Brinkley. The Defendant's
sister, Latasha Wiseman, came to the scene at about the same
time. Within five minutes, the Defendant rapidly pulled up in
a white SUV accompanied by a teenaged son, Mr. Brown, and a
third adult man who was never identified.
Defendant demanded to know where Mr. Guider's son was and
threatened that he was going to beat him or someone else. The
Defendant then struck Mr. Guider in the mouth with his closed
fist, knocking him backwards from his apartment stoop into
his apartment. Mr. Brinkley struck the Defendant on the head
with a flowerpot, and the Defendant, Mr. Brown, and the
unidentified man began fighting with Mr. Brinkley inside the
apartment. At some point, one or more of the three intruders
kicked Mr. Guider in the ribs as he lay semi-conscious on the
floor. The fight ended with the unidentified man firing
multiple gunshots at Mr. Brinkley, who fled from the
apartment chased by the three men. Mr. Guider sustained
bruised ribs and a mouth injury in the melee, and Mr.
Brinkley sustained three gunshot wounds.
Defendant and Mr. Brown were subsequently indicted together
for aggravated burglary, aggravated assault of Mr. Brinkley,
aggravated assault of Mr. Guider, and possession of a firearm
during the commission of a dangerous felony. The Defendant
was also indicted for being a convicted felon in possession
of a handgun. Following their joint trial, the Defendant was
convicted of aggravated burglary, reckless aggravated assault
of Mr. Brinkley, and assault of Mr. Guider and acquitted of
the two weapons charges. His co-defendant, Mr. Brown, was
convicted of assault of Mr. Brinkley and facilitation of
State's first witness at the May 23-25, 2016 trial was
Patrick Guider, who testified as follows. On July 29, 2014,
he learned from his fourteen-year-old son, D., and
twelve-year-old daughter, K., about a dispute they had just
had with the Defendant's young son, P. According to his
children, P. had thrown a stick that struck K. in the eye,
and D. had warned him not to throw any more sticks at his
sister. A short time later, a "[v]ery
agitated" Shareka Hunter came to the common area of the
complex demanding to know why D. had beaten up P. Ms. Hunter
was swearing and yelling and made a phone call in Mr.
Guider's presence to the Defendant.
meantime, Mr. Guider's daughter called her mother,
Crystal Hasty, to come over. Ms. Hasty arrived with her
boyfriend, Phillip Brinkley, and an angry relative of the
Defendant, Latasha Wiseman, also appeared on the
scene. Five to ten minutes later, the Defendant,
driving fast, pulled up at an angle in front of Mr.
Guider's apartment in a white SUV. The Defendant had
three passengers: his thirteen- or fourteen-year-old son; the
co-defendant, Hurley Brown; and a twenty-five to
thirty-five-year-old man whom Mr. Guider had never before
Defendant exited his vehicle and walked toward Mr.
Guider's porch stoop saying, "[W]here's that
little [m*****f*****] at. If he's not getting it,
somebody is." Mr. Guider, who was fifty-one years old at
that time and walked with a cane, asked the Defendant to let
him explain what had happened, but the Defendant grabbed a
cell phone out of Ms. Hasty's hands, threw it on the
ground, and struck Mr. Guider in the mouth. The
Defendant's blow to Mr. Guider's mouth disconnected
Mr. Guider's lip from his gum and caused him to fall
backwards against his closed apartment door, knocking the
door open as he fell to the floor inside. The Defendant, Mr.
Brown, and the third man entered Mr. Guider's apartment.
Mr. Guider testified that he was "being kicked all
over" as he lay on the floor trying to protect his head.
Mr. Brinkley came into the apartment to try to help him, and
the three intruders "fought all the way in ...