State v. Sherrod, 050917 TNCRIM, W2015-02022-CCA-R3-CD

Docket Nº:W2015-02022-CCA-R3-CD
Opinion Judge:CAMILLE R. McMULLEN, JUDGE.
Party Name:STATE OF TENNESSEE v. JARVIS SHERROD and ANTONIO DODSON
Attorney:Charles Edgar Waldman, Memphis, Tennessee, for the Defendant-Appellant, Jarvis Sherrod. Michael R. Working and Seth M. Segraves, Memphis, Tennessee, for the Defendant-Appellant, Antonio Dodson. Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich...
Judge Panel:Camille R. McMullen, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and J. Ross Dyer, JJ., joined.
Case Date:May 09, 2017
Court:Court of Appeals of Tennessee, Court of Criminal Appeals of Tennessee
 
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STATE OF TENNESSEE

v.

JARVIS SHERROD and ANTONIO DODSON

No. W2015-02022-CCA-R3-CD

Court of Criminal Appeals of Tennessee, Jackson

May 9, 2017

Session February 7, 2017

Appeal from the Criminal Court for Shelby County No. 11-00787 Chris Craft, Judge

The Defendants, Jarvis Sherrod and Antonio Dodson, were each convicted by a Shelby County Jury of three counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated rape, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. Sherrod was also convicted of one count of aggravated sexual battery and was sentenced to seventy-three years' incarceration; Antonio Dodson was sentenced to forty-four years' incarceration. In Jarvis Sherrod's appeal, he argues that the trial court erred by: (1) denying his motion to sever his case from that of his co-defendant; (2) denying his right to a speedy trial; (3) improperly admitting a gun into evidence at trial; (4) allowing the victims' prior consistent statements at trial; and (5) improperly exercising its duty as thirteenth juror. In Antonio Dodson's appeal, he argues that the trial court erred by: (1) denying his motion to sever his case from that of his co-defendant; (2) finding that the evidence was sufficient to support two of his especially aggravated kidnapping convictions; (3) allowing improper closing argument by the State; (4) allowing the victims' prior consistent statements at trial; (5) allowing improper expert witness testimony; and (6) denying his motion to dismiss count ten of the indictment for failure to provide sufficient notice of the charge. Upon review, we affirm the judgments of the trial court.

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

Charles Edgar Waldman, Memphis, Tennessee, for the Defendant-Appellant, Jarvis Sherrod.

Michael R. Working and Seth M. Segraves, Memphis, Tennessee, for the Defendant-Appellant, Antonio Dodson.

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Alexia Fulgham Crump and Eric Christensen, Assistant District Attorney Generals, for the Appellee, State of Tennessee.

Camille R. McMullen, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and J. Ross Dyer, JJ., joined.

OPINION

CAMILLE R. McMULLEN, JUDGE.

On August 8, 2010, and into the early morning hours of August 9, 2010, the Defendants, along with their co-defendant, Lorenzo McKinney, invaded the home of Reno Stafford and Paula Diana and held them captive, along with Stafford's girlfriend, S.C.1 The Defendants burglarized the home, made multiple trips to the ATM to withdraw money from Stafford's account, and raped and sexually assaulted S.C. On February 5, 2011, the Shelby County Grand Jury returned a twelve-count indictment charging the Defendants with three counts of especially aggravated kidnapping in counts one through three, two counts of aggravated robbery in counts four and five, one count of aggravated rape in count seven, one count of aggravated burglary in count eight, and one count of employing a firearm during the commission of a dangerous felony in count ten. Sherrod was also indicted for a second count of aggravated rape in count six and for unlawful possession of a gun by a convicted felon in count twelve.2 On February 26, 2013, Dodson filed a motion to sever his case from Sherrod's case, contending that Sherrod had displayed improper behavior in court and might prejudice Dodson's case. The record on appeal does not include a written order disposing of this motion or a transcript of the hearing on the motion. However, following a series of continuances, the Defendants were tried together in April 2015. In their joint trial, both Defendants were convicted as charged with the exception of count seven, in which Sherrod was convicted of the lesser included offense of aggravated sexual battery.

Trial. Reno Stafford testified that he and S.C. were at a hotel in Memphis on the evening of August 8, 2010. They left the hotel to get some clothes at Stafford's house on 1795 Capri where he lived with his mother, Paula Diana. Stafford recalled that he and S.C. entered the house, Stafford gave her the clothes, and S.C. went back outside and waited for Stafford in the car. When Stafford walked outside, he was approached by two armed men, who he identified as Sherrod and McKinney. Stafford testified that Sherrod said "'[g]ive me everything, '" and Stafford emptied his pockets of cash, his keys, and a small amount of marijuana. Sherrod and McKinney then forced Stafford and S.C. into the house. Stafford testified that his mother came out of her bedroom and Sherrod and McKinney forced all three victims into the living room. Sherrod forced Diana to lay facedown on the couch and Stafford and S.C. to lay down on the living room floor. Stafford testified that they beat him with a broom, hit S.C. in the face, and took his shorts and shoes off while demanding money and drugs. Stafford also testified that Sherrod pulled S.C.'s pants down "and started raping her with his gun." Stafford said that a third man entered the house while Sherrod was raping S.C. He heard the third man say "make sure he keeps his face down, " referring to Stafford, and he saw that the man had a towel over his face.

Sherrod and Dodson took S.C. to the back of the house while McKinney stayed in the living room with Stafford and his mother. Stafford testified that they were in the back of the house for about fifteen or twenty minutes while McKinney beat Stafford with a baseball bat, threatened him, and told him "we're going to rape your girlfriend." When the Defendants came back into the living room, Sherrod and McKinney beat Stafford until he gave them his debit card PIN number. Stafford testified that he gave them a fake pin number, hoping they would leave, but that the Defendants took S.C. with them to the ATM and left McKinney at the house. Before the Defendants left, they tied Stafford's hands and feet with clear plastic tape. Stafford testified that the Defendants took his car to the ATM and were gone for fifteen or twenty minutes while McKinney continued to hit Stafford and ask him for drugs and money. When the Defendants and S.C. came back, Stafford "made up some story" that the card did not work because he had already withdrawn the maximum for the day. The Defendants and McKinney decided to wait until midnight so that they could withdraw more money, and Stafford eventually gave them the correct pin number. While they were waiting, Sherrod and McKinney threatened to shoot Stafford and Dodson beat Stafford and called him names. Stafford testified that he then recognized Dodson's voice.

After midnight, the Defendants went back to the ATM and again took S.C. with them, leaving McKinney at the house. After the Defendants came back from the ATM, they dragged Stafford into the bathroom closet and threatened to kill him if he called the police. The Defendants and McKinney then left the house and Stafford broke out of the tape around his hands and feet. S.C. returned in Stafford's car and told Stafford she had been raped. Stafford drove S.C. to the hospital where they met with officers and later gave formal statements. Stafford testified that the Defendants and McKinney were able to withdraw about $400 from his bank account and that they also took about $250 from his pocket as well as some marijuana and Promethazine. Stafford testified that they also took the radio out of his car.

Stafford identified Dodson, Sherrod, and McKinney in photographic lineups the next day. Stafford testified that he knew Dodson from school but that he did not know Sherrod or McKinney. Stafford identified a photograph of Sherrod wearing his shorts, belt, and shoes that were taken from him at his house. Stafford also identified a photograph of a gun and testified that it was "[t]he gun that [Sherrod] used to rape my girlfriend."

Stafford confirmed that his testimony at the preliminary hearing was consistent with his trial testimony. However, Stafford admitted to giving another statement on April 4, 2011, after the preliminary hearing, in which Stafford told the State's investigator that he "had reason to believe that [S.C.] was involved." Stafford told the investigator that he had seen S.C. in a car with someone who was wearing a red shirt, and that he thought it was one of the shirts taken from his house. Stafford also told the investigator that S.C. received victim's compensation money for the rape and that S.C. "didn't show no [sic] kind of emotion like being offended when they was [sic] raping her with the gun." Stafford told the investigator that he was not sure about his identification of Dodson and that it might...

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