State v. Morgan, 012021 TNCRIM, E2019-02027-CCA-R3-CD

Docket Nº:E2019-02027-CCA-R3-CD
Opinion Judge:JAMES CURWOOD WITT, JR., JUDGE.
Party Name:STATE OF TENNESSEE v. JARVIS TYVON MORGAN
Attorney:Cameron Bell, Knoxville, Tennessee, for the appellant, Jarvis Tyvon Morgan. Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Charme P. Allen, District Attorney General; and Molly Martin, Assistant District Attorney General, for the appellee, Stat...
Judge Panel:James Curwood Witt, Jr., J., delivered the opinion of the court, in which Alan E. Glenn and Camille R. McMullen, JJ., joined.
Case Date:January 20, 2021
Court:Court of Appeals of Tennessee, Court of Criminal Appeals of Tennessee

STATE OF TENNESSEE

v.

JARVIS TYVON MORGAN

No. E2019-02027-CCA-R3-CD

Court of Criminal Appeals of Tennessee, Knoxville

January 20, 2021

Assigned on Briefs October 27, 2020

Appeal from the Criminal Court for Knox County No. 108365 G. Scott Green, Judge.

Aggrieved of the Knox County Criminal Court's revocation of the sentence of probation imposed for his 2016 guilty-pleaded conviction of aggravated assault, the defendant, Jarvis Tyvon Morgan, appeals. He argues that the trial court deprived him of due process by basing its decision on a ground not alleged in the violation warrant. Discerning no error, we affirm.

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

Cameron Bell, Knoxville, Tennessee, for the appellant, Jarvis Tyvon Morgan.

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Charme P. Allen, District Attorney General; and Molly Martin, Assistant District Attorney General, for the appellee, State of Tennessee.

James Curwood Witt, Jr., J., delivered the opinion of the court, in which Alan E. Glenn and Camille R. McMullen, JJ., joined.

OPINION

JAMES CURWOOD WITT, JR., JUDGE.

Having been charged by information with one count of aggravated assault, the defendant pleaded guilty as charged on June 27, 2016, in exchange for a Range II, 10-year sentence to be served as one year of incarceration followed by probation. On August 27, 2019, a probation violation warrant issued, alleging that the defendant violated the terms of his probation by committing "the new offense of Domestic Assault" on August 16, 2019, and by acting in an assaultive, abusive, threatening[, ] and intimidating manner by punching the victim in the head approximately 30 times with a closed fist, threw her into a coffee table causing bruising and scratches. The offender told the victim when he got out of jail he would hurt her. The assault caused the victim's tooth to become loose.

At the October 11, 2019 revocation hearing, the victim, Jessica Beets, testified that the defendant was the father of her one-year-old daughter. She said that on August 16, 2019, the defendant telephoned her at approximately 9:30 p.m. and "said that he had left his phone in my car, that he needed it." The defendant also "wanted to know where I was at, what I was doing, why wasn't I at home, that he had done been by my home twice to get his phone out of my car." The victim, who had been "out riding around" with a friend, took her friend home and then returned to her own home. She said that "no longer than five minutes that I was at home, he was beating on my door."

According to the victim, she "was getting my children ready for bed" so she "yelled from my kids' room" for the defendant "to hold on a minute." She said that when she "opened up the door, I rolled my eyes at him and I shut the door back." The victim clarified that although the defendant did not have a key to her apartment, she "let him see both children whenever he does come." The victim said that, despite the fact that she had shut the door, the defendant came in uninvited and sat down on the couch. The victim testified that she asked the defendant if he was "in a rush" because she was too busy at that moment with her children to go to the car to get his telephone. She said that she told him, "I can give you the key and you meet me right here at the top of the steps and you give my keys back."

The victim testified that the defendant went to the car and got his telephone but that when he returned to the steps, "he refused to give me my keys." The victim recalled that the defendant said something to the effect of "if you're going to act like this, I just want my stuff." At that point, "it started escalating. And . . . he had tried to push me down the steps whenever I went -- trying to go around him. And I got around him, got back up to my house, and I shut the door." For a second time, the defendant entered the victim's home despite that she had closed the door.

The victim said that the defendant, who still refused to return her keys, took "off to my bedroom, which is the back room of the apartment." The victim recalled that she "told him multiple times to get out of my house. He's not on my lease. He pays no bills." While the defendant was in the victim's bedroom trying to retrieve some clothing she had laundered for him, she "kept telling him, 'Get out of my house.' He wouldn't get out of my house. That's when I pulled my knife on him." The victim said that she drew her knife because she did not know whether the defendant, whom she knew to carry a gun, "had his gun. My children were in that home and I'm in that home. I'm protecting me and my children." She described her knife as "a little pocket knife" that also had "a can opener and stuff on it." The victim denied threatening the defendant with the knife but said that she firmly told him to leave. The victim said that the defendant did not appear frightened but that he walked back to the living room, and she put her knife away.

According to the victim, when the defendant returned to the living room, "he was still putting his stuff over into the bag" and "[h]e had still not gave me my keys back." The victim recalled that the situation "started really escalating. It really happened all over me finding out that he had another girl pregnant." The victim said that when she confronted the defendant with this information, he replied "'F' you and 'F' your two babies, too." When the victim tried to grab her car keys, the defendant "put them straight in his pocket." The victim said that she walked to the door, stood in front of it, and "told him, you need to give me my car keys before you walk out this door." The defendant "pulled my car keys out of his pocket and slung them across my island that I have at home." The defendant "then pushed me away from the door into the wall. I pushed him, I told him to keep his paws to himself, they're not for hitting me. And I moved from the wall that he pushed me into to my island." At that point, the defendant "dropped everything that he had in his hands, he hit me a good 30 times in my head." The victim said that the defendant "put me in a headlock, which knocked me unconscious. He broke two of my teeth." The victim recalled that when she "come to, I was laying on my coffee table broke, and he was standing over me like he had killed me."

The victim testified that she "started kicking him, and I got up, he got his stuff, he went to the steps." The victim told the defendant, "'That's it, I'm putting you in jail.'" The defendant "turned around, he said, 'B****, if I get out of jail, I'm going to kill you.'" The victim said that she telephoned 9-1-1 following the incident and that the police arrived after the defendant had left. While the police were interviewing the victim, the defendant's "mother, his other brother, and his girlfriend showed up." She recalled that the defendant's mother was "[c]ussing, talking about she hopes I tell the truth. I've told the truth."

The victim said that she did not go the hospital that night, which was a Friday, because she had no one to watch her children. She did go to the hospital on the following Monday, August 19, "[b]ecause I was hurting." Pictures that the victim took after the altercation with the defendant depicted bruises and scratches on the victim's body, including significant bruises on her ear and lower back. The victim said that she also suffered two broken teeth. She said that, as a result of emotional trauma from the incident, she was "on three different medicines now. I cannot work. I can't stand to be around a crowd of people. I panic. I can't take my children to the park."

During cross-examination, the victim again admitted that she pulled a knife on the defendant "[b]ecause he was in my home and would not leave." The victim acknowledged that she telephoned the defendant's mother on "the night of the incident" before the two "started fighting" to tell her "she needed to get her son out of my house." The victim acknowledged that she told the defendant's mother that she would stab him if he did not return her keys and leave, adding, "This ain't the first time that Mr. Morgan has put his hands on me." She said that she called the defendant's mother instead of 9-1-1 "[s]o she could get her son out of my house before I put him in jail." The victim admitted that she did not lock the door after shutting it to the defendant, saying, "Why am I going to lock the door and he's got my car keys and my house keys? That's kind of crazy."

The defendant's mother, Denise Morgan, testified on behalf of the defendant that shortly after 11:00 p.m. on August 16, 2019, the victim "called me...

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