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State v. Morris

Court of Criminal Appeals of Tennessee, Nashville

December 5, 2019

STATE OF TENNESSEE
v.
ADARION C. MORRIS

          Assigned on Briefs October 16, 2019

          Appeal from the Criminal Court for Davidson County Nos. 2016-C-1500, 2016-C-1501, 2016-C-2181 Angelita Blackshear Dalton, Judge.

         The defendant, Adarion C. Morris, appeals the 48-year sentence imposed following the revocation of his community corrections placement, arguing that the trial court was without jurisdiction to impose the new sentence and that the sentence is excessive. Discerning no error, we affirm the revocation of the defendant's community corrections placement and the sentences imposed following the resentencing.

         Tenn. R. App. P. 3; Judgments of the Criminal Court Affirmed

          Lonnie Maze III, Nolensville, Tennessee, for the appellant, Adarion C. Morris.

          Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Samantha Dotson, Assistant District Attorney General, for the appellee, State of Tennessee.

          James Curwood Witt, Jr., J., delivered the opinion of the court, in which Robert L. Holloway, Jr., and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          JAMES CURWOOD WITT, JR., JUDGE.

         In case number 2016-C-1500, the Davidson County Grand Jury charged the defendant with one count of the possession with intent to sell or deliver .5 grams or more of cocaine and one count of the simple possession or casual exchange of marijuana. In case number 2016-C-1501, the same grand jury charged the defendant with two counts of aggravated assault, one count of felony evading arrest, and one count of second or subsequent offense of driving on a revoked license. In case number 2016-C-2181, the defendant was charged with one count of aggravated assault. On April 27, 2018, the defendant pleaded guilty as charged in case numbers 2016-C-1501 and 2016-C-2181 and count two of case number 2016-C-1500. He also pleaded guilty to the lesser included offense of the attempted possession with intent to sell or deliver .5 grams or more of cocaine in count one of case number 2016-C-1500. Pursuant to a plea agreement with the State, the defendant received a total effective sentence of six years to be served in a community corrections placement in exchange for his pleas of guilty.

         Less than two months later, on June 20, 2018, a community corrections violation warrant issued alleging that the defendant had violated the terms of his community corrections placement by failing to report. An amended violation warrant issued on July 25, 2018, alleging that the defendant had violated the terms of his community corrections placement by garnering new charges of vandalism, assault, and aggravated assault. A second amended violation warrant issued on August 1, 2018, alleging that the defendant violated the terms of his community corrections placement by garnering yet another charge of aggravated assault.

         At the October 17, 2018 hearing, Davidson County Community Corrections case officer Lisa Baden testified that the defendant began reporting in April 2018 and stopped reporting on June 5, 2018. Ms. Baden later learned that the defendant had been arrested on charges of vandalism, assault, and aggravated assault with a deadly weapon.

         Metropolitan Nashville Police Department Detective Gary Shannon testified that he investigated three separate incidents in which the defendant was suspected of the aggravated assault of three different victims. He explained,

One of the incidents was here in Davidson County [on July 18, 2018, ] at 3203 Lagrange Drive. . . . There was a couple of people, Tina Yarbrough and Antoinisha Shepherd were inside of that residence when they heard gunfire outside. The house was hit multiple times. As a matter of fact, we collected nine shell casings from that location outside.
A witness that was in the house in a different bedroom that was not hit, Ms. Irving, she ran outside, and she could see [the defendant] running away from the residence. And then, he got into a dark colored vehicle. She could see something in his hand. She couldn't make out what it was. And she knew ...

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