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State v. Tidwell

Court of Criminal Appeals of Tennessee, Nashville

June 5, 2018

STATE OF TENNESSEE
v.
TIMOTHY WAYNE TIDWELL

          Assigned on Briefs January 17, 2018

          Appeal from the Circuit Court for Bedford County No. 18241 Franklin L. Russell, Judge

         Defendant, Timothy Wayne Tidwell, was indicted by the Bedford County Grand Jury for one count of arson. Defendant was convicted as charged by a jury and sentenced by the trial court as a Range III offender to 15 years in the Tennessee Department of Correction. In this appeal as of right, Defendant contends that the evidence at trial was insufficient to support his conviction and that his sentence was excessive. Finding no error, we affirm the judgment of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed

          Donna Orr Hargrove, District Public Defender; and Michael J. Collins, Assistant Public Defender, Shelbyville, Tennessee, for the appellant, Timothy Wayne Tidwell.

          Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Robert James Carter, District Attorney General; and Mike Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which Robert L. Holloway, Jr., and Timothy L. Easter, JJ., joined.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE

         Facts

         In June of 2015, Richard Napper moved out of his house located on Landers Street in Shelbyville to go live with his brother. Mr. Napper's brother agreed to pay Terry Tidwell, Defendant's father, $1, 500 to make repairs to Mr. Napper's house in order to get the house ready to sell. Defendant had been assisting his father in doing the repairs.

         In the early morning hours of July 13, 2015, Mr. Napper's brother was contacted by the Shelbyville Fire Department and told that there had been a fire at Mr. Napper's house. Mr. Napper testified that the "back portion of [the house] was just gone." Mr. Napper testified that the house could not be repaired, and he had to hire someone to tear it down and clear the lot. Mr. Napper testified that he did not want his house to burn down, and he did not give anyone permission to burn it.

         On cross-examination, Mr. Napper testified that he received approximately $100, 000 from insurance. He testified that he paid the mortgage balance of $57, 000 from the insurance proceeds. He sold the lot for $5, 000.

         Mr. Napper's brother, James Napper, testified that he lived with his wife and his brother. He testified that he was the designated attorney-in-fact in his brother Richard's power of attorney. James Napper hired Terry Tidwell to make repairs to Richard's house. He signed a contract with Mr. Tidwell for the repairs. He testified that after the fire, the house was "too far gone" to salvage. James Napper testified that he did not give anyone permission to set the house on fire.

         On July 13, 2015, Matt Doak, of the Shelbyville Fire Department, responded to a fire on Landers Street in Shelbyville. He testified that the fire department was able to suppress the fire and save most of the structure. He testified, "the fire had progressed from the rear of the building toward the ...


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