Assigned on Briefs April 3, 2018
from the Criminal Court for Shelby County No. 15-04100 Chris
De Bose-Maben ("the Defendant") was convicted by a
Shelby County jury of aggravated robbery, for which the trial
court imposed a sentence of nine years to serve in the
Department of Correction. On appeal, the Defendant contends that
the trial court abused its discretion by allowing the State
to question the victim about his interaction with the
Defendant during a recess at trial. Upon review, we affirm
the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Claiborne H. Ferguson, Memphis, Tennessee, for the appellant,
Andrew De Bose-Maben.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Jose Leon, Assistant
District Attorney General, for the appellee, State of
L. Holloway, Jr., J., delivered the opinion of the court, in
which D. Kelly Thomas, Jr., and J. Ross Dyer, JJ., joined.
L. HOLLOWAY, JR., JUDGE.
2, 2015, Howard Boxley ("the victim") was walking
home when two young men in a gold Malibu approached him. The
man in the passenger seat of the vehicle pointed a shotgun at
the victim and demanded that the victim give him everything
in his pockets. When the victim responded that he did not
have anything in his pockets, the man demanded his Dallas
Cowboy's watch. The victim complied and gave the man his
watch, and the two men drove away. The victim chased after
the car in order to see the tag number, and then he called
911 and provided the dispatcher the tag number, the make and
model of the car, and a general description of the assailants
and the shotgun. The victim said that the driver of the car
was "dark-skinned" and that the passenger was
"light-skinned, " but he was unable to provide
further details because he had been focused on the shotgun.
after the robbery, officers with the Memphis Police
Department located the Defendant and co-defendant Kerr
driving the gold Malibu suspected in connection with the
robbery. Officers also found the victim's stolen watch
inside the pocket of the front passenger door and a sawed-off
shotgun similar to that described by the victim as being used
in the crime. Additionally, they found an envelope addressed
to the Defendant inside the vehicle. The officers arrested
both the Defendant and co-defendant Kerr. Upon questioning,
both defendants gave statements admitting to their
participation in the robbery. The Defendant admitted that he
pointed the unloaded shotgun at the victim, and co-defendant
Kerr admitted that he was driving the gold Malibu during the
August 2015, the Shelby County Grand Jury indicted the
Defendant and co-defendant Kerr with two counts of aggravated
robbery based on this offense. Following a trial, the jury
found the Defendant guilty as charged. Following a
sentencing hearing, the trial court sentenced the Defendant,
as a Range I standard offender, to nine years'
incarceration. The Defendant then filed a timely motion for
new trial, which was denied following a hearing. This timely
appeal, the Defendant contends that the trial court abused
its discretion by allowing the State to question the victim
regarding his interaction with the Defendant during a lunch
recess at trial. The State responds that the trial court did
not abuse its discretion. We agree with the State.
"questions concerning the admissibility of evidence rest
within the sound discretion of the trial court, and this
[c]ourt will not interfere in the absence of abuse appearing
on the face of the record." State v. Plyant,
263 S.W.3d 854, 870 (Tenn. 2008). A trial court abuses its
discretion when it "applies an incorrect legal standard
or reaches a conclusion that is 'illogical or
unreasonable and causes an ...