Court of Criminal Appeals of Tennessee, Nashville
Session June 18, 2019
from the Circuit Court for Rutherford County No. F-77685-B
Royce Taylor, Judge
Defendant, Brian Williams, was indicted for aggravated
burglary, a Class C felony; and theft of property valued at
$1000 or less, a Class A misdemeanor. See Tenn. Code
Ann. §§ 39-14-103, -105, -403. The Defendant pled
guilty to the theft charge and was convicted by a jury of the
aggravated burglary charge. The trial court later imposed a
total effective sentence of four years. On appeal, the
Defendant contends that the evidence was insufficient to
sustain his conviction for aggravated burglary. Discerning no
error, we affirm the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Clark, Nashville, Tennessee, for the appellant, Brian
Herbert H. Slatery III, Attorney General and Reporter; Ronald
L. Coleman, Assistant Attorney General; Jennings Hutson
Jones, District Attorney General; and Clyde Eric Farmer,
Assistant District Attorney General, for the appellee, State
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which John Everett Williams, P.J., and Robert L. Holloway,
Jr., J., joined.
KELLY THOMAS, JR., JUDGE
victim, Sharon Spradling, testified that in March 2017, she
rented a portion of a duplex. Early that month, the victim
was introduced to the Defendant by her neighbors, Alyssa Hill
and Shelley. The Defendant was Ms. Hill's boyfriend
and homeless when he met the victim. The victim was asked to
let the Defendant "stay with [her] for a couple of
weeks" in her spare bedroom. The victim testified that
she agreed to let the Defendant stay in her home because she
had "a very hard time telling people no."
victim estimated that the Defendant stayed at her home for
"two to three weeks." The victim never gave the
Defendant a key to her home. The victim admitted that she had
asked the Defendant "for help," either by giving
her money or doing "something of value." However,
the victim testified that this "wasn't
mandatory." The victim testified that the Defendant
never paid her rent. The victim admitted that the
Defendant's father had given her sixty dollars for rent,
but that the Defendant "asked to borrow that money"
and took it from the victim as soon as his father left.
victim testified that the Defendant had been gone from her
home a few days when she sent him a text message telling the
Defendant that she was "tired of him leeching off of
[her]" and that she did not "want him to come
back." The victim estimated that this was two or three
days before the burglary. The victim never saw the Defendant
at her home after she sent the text message.
victim testified that on March 26, 2017, she had an anxiety
attack and "felt like [she] was having a heart
attack." The victim asked Ms. Hill and Shelley to take
her to the Veterans Affairs hospital. In her rush, the victim
forgot to lock her front door. The victim was in the hospital
for three days. When she got back from the hospital, the
victim discovered that a gun, a laptop computer, a tablet,
her checkbook, and her Suboxone, which had been prescribed to
her to treat opioid addiction, had been taken from her home.
The victim testified that she never gave the Defendant or Ms.
Hill permission to enter her home while she was in the
the victim's neighbors, Rachel Forbes, recalled seeing a
man who she thought was the Defendant looking into the
windows of the victim's home ...