State v. Williamson

• Decision Date: 19 December 1995
• Parties: STATE of Tennessee, Appellee, v. Tina L. WILLIAMSON, Appellant.
• Court: Tennessee Court of Criminal Appeals

Page 69

919 S.W.2d 69

STATE of Tennessee, Appellee, v. Tina L. WILLIAMSON, Appellant.

Court of Criminal Appeals of Tennessee,

at Nashville.

Dec. 19, 1995.

Appeal from Rutherford County; No. 01-C-01-9308-CR-00249, J.S. Daniel, Judge.

Karen H. Hornsby, Assistant Public Defender, Murfreesboro, for appellant on appeal.

Russell N. Perkins, Assistant Public Defender, Murfreesboro (Gerald L. Melton, District Public Defender, of counsel), for appellant at trial.

Charles W. Burson, Attorney General & Reporter, Eugene J. Honea, Assistant Attorney General, Nashville, Guy R. Dotson, District Attorney General, Murfreesboro, William C. Whitesell, Jr., Assistant District Attorney General, Murfreesboro, for appellee.

OPINION

JONES, Judge.

The appellant, Tina L. Williamson, ¹ was convicted of vehicular homicide, a Class C felony, and vehicular assault, a Class D felony, by a jury of her peers. The trial court found that the appellant was a standard offender and imposed the following Range I sentences: (a) confinement for five (5) years in the Department of Correction for the offense of vehicular homicide, and (b) confinement for three (3) years in the Department of Correction for the offense of vehicular assault. The sentences are to be served concurrently.

Six (6) issues are presented for review. The appellant contends that the evidence is insufficient, as a matter of law, to support a finding by a rational trier of fact that she is guilty beyond a reasonable doubt because the state failed to prove that (1) her conduct was the proximate cause of the death of one victim and the injuries sustained by the other victim, and (2) she knowingly permitted Diane Jost to operate her motor vehicle when the collision that killed one victim and injured a second victim occurred. The appellant also contends that the trial court committed error of prejudicial dimensions by erroneously admitting into evidence (a) the testimony of Charles H. Davis because his testimony "was cumulative, inflammatory, unfairly prejudicial and served no legitimate purpose other than to inflame the passions, prejudices and sympathy of the jurors" and (b) a photograph of the stillborn infant because it tended to "inflame the passions, prejudices and sympathy of the jurors." She further contends that the trial court failed to properly instruct the jury in accordance with Tennessee Pattern Jury Instruction 40.02, the trial court failed to properly weigh the enhancement and mitigating factors when sentencing her, and the trial court failed to consider sentencing alternatives to incarceration.

The judgment of the trial court is affirmed.

The Old Nashville Highway between Symrna and Murfreesboro is a two lane roadway. There is a steep hill in the roadway near its intersection with Brinkley Road. There are double yellow lines on both sides of the hill which prohibit drivers who approach the hill from passing another vehicle. The operator of a motor vehicle cannot see a vehicle travelling in the opposite direction until the driver reaches the crest of the hill.

On September 2, 1991, at approximately 3:40 p.m., Lisa Davis was travelling west on the Old Nashville Highway near its intersection with Brinkley Road. She had just left her place of employment and was en route to her home. Diane Jost was driving the appellant's motor vehicle east on the Old Nashville Highway. As Jost was ascending the hill, she drove across the center line and into the lane of traffic occupied by Mrs. Davis. When Mrs. Davis reached the crest of the hill, she saw Jost and the appellant immediately in front of her. She attempted to stop her vehicle, but Jost was too close and there was a motor vehicle following Jost in the eastbound lane. As a result, the front of the vehicle being driven by Jost struck the front of the Davis vehicle. The collision occurred in Davis's lane of traffic. Davis was seriously injured as a proximate result of the collision. Her unborn baby, which she had carried for thirty-eight weeks, died as a proximate result of the collision. Jost also died due to injuries sustained in the collision.

The parties stipulated that the appellant was the owner of the vehicle Jost was driving; and a blood sample taken from Jost's body established that her blood contained .18 grams of ethyl alcohol. The blood sample taken from Mrs. Davis was negative for both alcohol and drugs. The appellant refused to submit to a blood test.

The appellant arose at 9:00 a.m. on the day in question. She consumed three mixed drinks and took two Loritab tablets for pain before going to Grizzly's Bar at noon. While at Grizzly's, the appellant consumed several beers. Diane Jost and her boyfriend arrived at Grizzly's about 1:00 p.m. They consumed two or three beers each. Jost borrowed $5.00 from the appellant so that they could purchase additional beer.

Jost and the appellant left Grizzly's at approximately 1:40 p.m. The appellant drove to her former place of employment and obtained her final pay check. She and Jost then went to the VFW Club in Symrna to cash the check. What occurred at the club and the condition of the appellant after she left the club is disputed.

Three people who were at the VFW Club testified that the appellant and Jost arrived at approximately 2:00 p.m. The appellant ordered a mixed drink, but she did not consume the entire drink. Jost ordered one beer. The bartender cashed the appellant's pay check before the appellant and Jost left the club. However, there is a serious conflict in the testimony of the appellant and these witnesses as to what the appellant did while in the club.

All three witnesses testified that the appellant sat at the bar the entire time she was inside the club. They also testified that she appeared "normal." One witness described the appellant as being in "fairly good shape" and "didn't seem to be in too bad a shape." The witnesses testified that the appellant was conscious, alert, able to walk into and out of the club without difficulty, and able to endorse and cash her check without difficulty. They testified that the appellant and Jost were inside the club between twenty and thirty minutes before leaving. This means that the appellant and Jost left the VFW Club at approximately 2:30 p.m. ²

The appellant testified that she played pool with Jost and spent $20 playing a video poker machine. She drank one mixed drink and ordered a second drink. Jost drank a beer and tequila. Later, Jost ordered a second beer. The appellant agreed that the alcoholic beverages she consumed did not impair her ability to play pool or play the video poker machine. However, she stated that she "was getting off on the pain relievers, and I felt drunk." She had not eaten since the previous day.

According to the appellant's version of the facts, she became ill and told Jost that she was leaving. After they exited the club, the appellant became ill and began to regurgitate. When she felt that she was going to faint, she opened the car door and sat on the passenger side of her vehicle. She placed her pocketbook on the console of the vehicle. While the individuals who were at the VFW club said that neither the appellant nor Jost reentered the facility, the appellant believes that Jost reentered the club after she became ill. The appellant states that the next thing she remembers is waking up in the Vanderbilt University Hospital.

I.

The appellant challenges the sufficiency of the convicting evidence on two grounds. She contends the state failed to prove beyond a reasonable doubt that she (a) was the proximate cause of the infant victim's death or the injuries sustained by Mrs. Davis, and (b) knowingly permitted Diane Jost to drive her motor vehicle.

A.

When an accused challenges the sufficiency of the convicting evidence, this Court must review the record to determine if the evidence adduced at the trial is sufficient "to support the finding by the trier of fact of guilt beyond a reasonable doubt." Tenn.R.App.P. 13(e). This rule is applicable to findings of guilt based upon direct evidence, circumstantial evidence, or a combination of direct and circumstantial evidence.

In determining the sufficiency of the evidence, this Court does not reweigh or reevaluate the evidence. State v. Matthews, 805 S.W.2d 776, 779 (Tenn.Crim.App.), per. app. denied (Tenn.1990). Nor may this Court substitute its inferences for those drawn by the trier of fact from circumstantial evidence. Liakas v. State, 199 Tenn. 298, 305, 286 S.W.2d 856, 859, cert. denied, 352 U.S. 845, 77 S.Ct. 39, 1 L.Ed.2d 49 (1956). To the contrary, this Court is required to afford the State of Tennessee the strongest legitimate view of the evidence contained in the record as well as all reasonable and legitimate inferences which may be drawn from the evidence. State v. Cabbage, 571 S.W.2d 832, 835 (Tenn.1978).

Questions concerning the credibility of the witnesses, the weight and value to be given to evidence, and all factual issues raised by the evidence are resolved by the trier of fact, not this Court. Cabbage, 571 S.W.2d at 835. In State v. Grace, 493 S.W.2d 474, 476 (Tenn.1973), our Supreme Court said: "A guilty verdict by the jury, approved by the trial judge, accredits the testimony of the witnesses for the State and resolves all conflicts in favor of the theory of the State."

Since a verdict of guilt removes the presumption of innocence and replaces it with a presumption of guilt, the accused has the burden in this Court of illustrating why the evidence is insufficient to support the verdicts returned by the trier of fact. State v. Tuggle, 639 S.W.2d 913, 914 (Tenn.1982). This Court will not disturb a verdict of guilt due to the sufficiency of the evidence unless the facts contained in the record and any inferences which may be drawn from the facts are insufficient, as a matter of law, for a rational trier of fact to find the accused guilty beyond a reasonable doubt.

B.

(1)

Before the appellant could be...