Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs January 17, 2018
from the Circuit Court for Bedford County No. 18241 Franklin
L. Russell, Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
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
T. Woodall, P.J., delivered the opinion of the court, in
which Robert L. Holloway, Jr., and Timothy L. Easter, JJ.,
T. WOODALL, PRESIDING JUDGE
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.
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.
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.
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.
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