on Briefs January 4, 2018
from the Circuit Court for Gibson County No. H9317 Clayburn
Defendant, Angela Smith, appeals her conviction for
aggravated arson and her resulting sentence of thirty-five
years at 100% as a Range II, multiple offender. On appeal,
the Defendant raises issues challenging the sufficiency of
the evidence, the photographic line-up, and her sentence. We
affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
R. Gunn, Humboldt, Tennessee, for the appellant, Angela L.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Garry Brown,
District Attorney General; and Jason Scott and Jerald
Campbell, Assistant District Attorneys General, for the
appellee, State of Tennessee.
Everett Williams, J., delivered the opinion of the court, in
which Alan E. Glenn and Camille R. McMullen, JJ., joined.
EVERETT WILLIAMS, JUDGE.
AND PROCEDURAL BACKGROUND
evidence presented at trial established that during the early
morning hours of April 23, 2012, while four people who lived
in an adjoining apartment were sleeping, the victim set fires
on the front and back porches of a duplex in Humboldt,
Tennessee, where she had been living. Mr. Anthony Burke lived
behind the duplex with his backyard abutting the backyard of
the duplex. During that time period, Mr. Burke worked until
midnight and slept during the day. At approximately 4:20
a.m., Mr. Burke went outside to retrieve his cellular phone,
which he had left in his car. He testified that he saw a
light flicker and then saw the back porch of the duplex on
fire. He also saw the Defendant "dousing" the fire
with what appeared to be lighter fluid.
Burke testified that he told the Defendant to come to him.
The Defendant did not come directly to Mr. Burke but was
standing ten to twelve feet away from him and underneath a
street light. Mr. Burke asked the Defendant what she was
doing, and she replied, "Don't worry about it."
Mr. Burke stated that the Defendant attempted to conceal what
appeared to be lighter fluid under her hoodie. When Mr. Burke
approached her, she fled. Mr. Burke chased the Defendant
toward the end of the street and then ran back to his home
where he instructed his then girlfriend to call the police.
Burke ran to the back porch of the duplex and saw that the
Defendant had used a foosball table and pieces of scrap wood
positioned against the duplex to start the fire. Mr. Burke
beat on the door to wake anyone who might be inside the
duplex, and two or more people exited the duplex. Mr. Burke
returned to the back porch where he removed items and
attempted to extinguish the fire. Once he saw the
firefighters and police officers arriving, he ran to the
street to flag them down.
the same day, Mr. Burke provided the police officers with a
written statement, and he identified the Defendant from a
photographic line-up on the following day. He said he did not
know the Defendant when he identified her in the line-up. He
denied having a prior confrontation with the Defendant during
which he called her children "N words" or
previously following the Defendant around while in a
Sarah Woods testified that at the time of the fire, she was
living in an apartment in the duplex with Mr. Freddie Parris,
Ms. Samantha Callison, and Ms. Callison's young son. Ms.
Woods stated that while the Defendant moved her belongings
into the other apartment in the duplex, Ms. Woods did not
know whether the Defendant ever spent the night there. Ms.
Woods had seen the Defendant at ...