Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs April 18, 2018
from the Circuit Court for Rutherford County No. F-72538,
F-74515, M-75892 Royce Taylor, Judge
Defendant, William S. Vanwinkle, pleaded guilty in case
numbers F-72538 and F-74515 to initiating a process intended
to result in the manufacture of methamphetamine, see
T.C.A. § 39-17-435, and in case number M-75892 to
shoplifting, see id. § 39-14-146. In this
appeal, the Defendant contends that the twenty-year effective
sentence imposed in this case is excessive and that the trial
court erred by denying all forms of alternative sentencing.
After a thorough review of the record, the briefs of the
parties, and the applicable law, we affirm the judgments of
the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
William Henry Stover, Nashville, Tennessee, for the
Appellant, William S. Vanwinkle.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Counsel; Jennings H. Jones, District
Attorney General; and Allen D. Hale, Assistant District
Attorney General, for the Appellee, State of Tennessee.
Everett Williams, J., delivered the opinion of the court, in
which Robert W. Wedemeyer and Camille R. McMullen, JJ.,
EVERETT WILLIAMS, JUDGE
AND PROCEDURAL HISTORY
January 18, 2017, the Defendant pleaded guilty in case number
F-72538 to one count of initiating a process intended to
result in the manufacture of methamphetamine, in case number
F-74515 to one count of initiating a process intended to
result in the manufacture of methamphetamine, and in case
number M-75892 to one count of shoplifting. The transcript of
the guilty plea submission hearing was not made a part of the
record on appeal.
March 21, 2017 sentencing hearing, Rutherford County
Sheriff's Office Deputy Michael Paul Moody testified that
on May 21, 2014, he went to a residence to serve an active
criminal warrant on Ms. Lisa Martin. Deputy Moody found Ms.
Martin at that address and placed her under arrest. While he
was at the residence, he encountered the Defendant and Ms.
Martin's mother, Ms. Theresa Busey. Deputy Moody
transported Ms. Martin "to booking and served the
warrant, " and, as he was leaving the sheriff's
office, he "heard a call coming out" at the
residence of "an unwanted guest situation."
Moody and other deputies went to the residence and
encountered Ms. Busey, who indicated that she wanted the
Defendant to leave the property. Initially, Ms. Busey and the
Defendant argued about Ms. Martin's purse, and,
eventually, Ms. Busey indicated that the Defendant was
preventing her from accessing a barn at the rear of her
property. Deputy Moody walked around the barn at issue and
observed two burn piles. "In the burn piles were some
mason jars with white residue [and] lithium strips from
busted batteries." Near the barn, Deputy Moody observed
"a jug of muriatic acid and some empty lighter fluid
bottles laying around."
Moody testified that he had encountered methamphetamine
manufacturing laboratories as part of his duties and that, as
a result, he had some familiarity with the accoutrement to
the manufacture of methamphetamine. He said that the items
located inside the burn piles and near the barn were
typically involved in the manufacture of methamphetamine. Ms.
Busey granted Deputy Moody permission to enter the barn, but
the door was locked with a padlock. Ms. Busey did not have a
key to the lock, and she told Deputy Moody that the Defendant
"had threatened her with physical violence if she went
anywhere near" the barn. The Defendant denied any
knowledge of the lock and any ownership interest in the barn.
Ms. Busey provided Deputy Moody her written consent to cut
the padlock with bolt cutters and enter the barn.
upon entering the barn, a deputy from the narcotics division
ordered everyone out of the barn because "there was
something smoking in the back of the building." Deputy
Moody observed "a coke bottle with a rubber hose coming
out of it" as well as other items generally associated
with an active methamphetamine manufacturing operation.
other deputies retrieved all the items from the barn, Deputy
Moody placed the Defendant under arrest and transported him
to the sheriff's office. During the booking process,
officers discovered the key to the padlock in the
Defendant's pants pocket.
Busey testified that in February of 2014, the Defendant, whom
she had never met, came to the back door of her residence in
apparent physical distress and asked to see Ms. Martin. Ms.
Busey said that the Defendant stayed at the residence from
that point until his May 2014 arrest and that Ms. Martin
nursed a bad burn that went from "the upper part of his
body down to the knees." Ms. Busey said that the
Defendant told them he had been burned when "his
radiator had blowed [sic] up." Ms. Busey recalled that
the Defendant remained bedridden for "[t]wo or three
weeks to a month." After the Defendant began moving