Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs November 14, 2017
from the Criminal Court for Davidson County No. 2013-D-2894
Cheryl A. Blackburn, Judge
Davidson County Criminal Court Jury convicted the Appellant,
Peterpal T. Tutlam, of two counts of especially aggravated
robbery, two counts of especially aggravated kidnapping, and
two counts of aggravated rape, Class A felonies. After a
sentencing hearing, the trial court sentenced the Appellant
to twenty-five years for each conviction and ordered that the
sentences be served consecutively for a total effective
sentence of one hundred fifty years. On appeal, the Appellant
contends that his effective sentence is excessive. Based upon
the record and the parties' briefs, we affirm the
judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Elizabeth Ann Russell (on appeal) and David Harris (at
trial), Franklin, Tennessee, for the appellant, Peterpal T.
Herbert H. Slatery III, Attorney General and Reporter;
Jeffrey D. Zentner, Assistant Attorney General; Glenn R.
Funk, District Attorney General; and Megan King, Assistant
District Attorney General, for the appellee, State of
McGee Ogle, J., delivered the opinion of the court, in which
John Everett Williams and Alan E. Glenn, JJ., joined.
MCGEE OGLE, JUDGE
case relates to Yangreek Wal, Duol Wal, Tut Tut, and the
Appellant kidnapping and terrorizing the two male victims,
P.T. and R.W., on March 17, 2012.  In November 2013, the
Davidson County Grand Jury indicted the Appellant for two
counts of especially aggravated kidnapping with a deadly
weapon, two counts of especially aggravated robbery, and four
counts of aggravated rape accomplished by force and while
armed with a weapon. The State dismissed two of the
aggravated rape charges before trial. Although the Appellant
does not contest the sufficiency of the evidence, we will
summarize the evidence presented at trial.
early morning hours of March 17, 2012, the victims, who had
been friends since high school, were walking through a
breezeway in R.W.'s apartment complex. The victims passed
two men, and the men asked the victims a question. One of the
men then attacked R.W. by hitting him on the head and putting
a knife to his throat. The man pinned R.W. to an apartment
door and demanded that R.W. give him everything in R.W.'s
pockets. Meanwhile, the second man approached P.T. and began
beating him. A third man entered the breezeway and joined the
other two in attacking the victims. The three men took the
victims' wallets and cellular telephones out of their
pockets and dragged them to a small car where a fourth man
four men forced the victims into the back seat of the car.
P.T. was sitting in the middle of the back seat, R.W. was
sitting to P.T.'s left, and one of the men was sitting to
P.T.'s right. The other three men were sitting in the
front of the car with one of them sitting in the driver's
seat, one sitting on the center console, and one sitting in
the passenger seat. The four men drove the victims to an ATM.
During the drive, the men hit the victims and threatened to
kill them. They also passed around the knife and stabbed the
victims' arms and legs. When they arrived at the ATM, the
four men demanded the personal identification numbers for the
victims' bank cards, and the victims tried to cooperate
by giving them the numbers. The driver and another man in the
front went to the ATM and withdrew money from the
victims' bank accounts. While they were gone, the third
man in the front got out, opened the rear driver-side door,
and tried to break R.W.'s hand by bending it backward.
the two men returned from the ATM, the driver drove everyone
to a second ATM. There, the same two men went to the ATM and
withdrew money from the victims' bank accounts while the
two remaining men and the victims waited in the car. The
victims were then ordered to fellate each other. P.T.
At least two people were in the car at this point. That part
is a little fuzzy. I'm not sure if we had gotten back in
the car and began moving yet. But at one point everybody was
in the car while we were -- while this was happening because
it was moving. They made us take turns and -- they made us
take turns, and the car was moving at one point during that.
being in the car for a total of about forty-five minutes, the
driver stopped the car. The four men ordered the victims to
take off their clothes and ordered them out of the car. The
four men also got out and kicked R.W., who was lying
face-down on the road, on the head. The four men got back
into the car and drove away. The victims walked to a house,
and P.T. asked a woman who was sitting on her back patio to
call 911. A man in the house brought out towels to the
police officers arrived at the scene, they found the naked
victims wrapped in blankets. The victims were "drenched
in blood" from cuts and lacerations, and R.W. appeared
to have a head injury. The victims told police officers what
had happened and were transported to Vanderbilt Hospital.
P.T. was released from the hospital later that day, and R.W.
stayed in the hospital two days. Both of the victims had at
least ten stab wounds on their arms and legs. P.T. testified
that he also had a large scrape on his head, a scratch across
his face from a knife blade, an almost-broken finger,
bruising, and swelling. He said that the stab wounds in his
legs caused painful walking for weeks and that it took six
months for his hand to heal. R.W. testified that his being
kicked on the head while lying on the road resulted in a cut
above his eyebrow that required more than thirty stitches. He
also had a headache for ...