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State v. Bradley

Court of Criminal Appeals of Tennessee, Nashville

February 15, 2018


          Assigned on Briefs November 14, 2017

         Appeal from the Criminal Court for Davidson County No. 2016-A-423 Cheryl A. Blackburn, Judge

         The 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 court.

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

          Jay 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 of Tennessee.

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


          ALAN E. GLENN, JUDGE.


         This 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.[1] 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.

         A short 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.

         The 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.

         The 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 aggravated burglary.

         State's Proof

         The 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., [2]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.[3] 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.

         In the 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.[4] 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 seen.

         The 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 ...

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