IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
NOVEMBER 1997 SESSION
December 23, 1997
Cecil Crowson, Jr.
Appellate C ourt Clerk
STATE OF TENNESSEE, )
) C.C.A. No. 03C01-9611-CR-00418
Appellee, )
) Sullivan County
V. )
) Honorable Frank L. Slaughter, Judge
)
JOY L. CHRISTIAN, ) (Aggravated Robbery)
)
Appellant. )
FOR THE APPELLANT: FOR THE APPELLEE:
Keith A. Hopson John Knox Walkup
Attorney at Law Attorney General & Reporter
410 Shelby Street
Kingsport, TN 37660 Michael J. Fahey, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
H. Greeley Wells, Jr.
District Attorney General
Teresa M. Smith
Assistant District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
OPINION FILED: ___________________
AFFIRMED
PAUL G. SUMMERS,
Judge
OPINION
The appellant, Joy L. Christian, was convicted by a jury of aggravated
robbery. She was sentenced to eight years incarceration. On appeal, she
alleges that the evidence is insufficient to sustain her conviction. Upon review,
we affirm her judgment of conviction.
FACTS
At approximately midnight on October 1, 1995, two armed female
intruders entered the Days Inn in Kingsport. The two intruders demanded
money. The desk clerk took $537.00 in cash out of the register. The two
intruders took the cash and fled.
I
The appellant contends that the evidence adduced at trial was insufficient
as a matter of law to sustain her conviction for aggravated robbery. We
disagree.
Great weight is afforded a verdict reached by a jury in a criminal trial. A
jury verdict approved by the trial judge accredits the state’s witnesses and
resolves all conflicts in favor of the state. State v. Williams, 657 S.W.2d 405,
410 (Tenn. 1983). On appeal, the state is entitled to the strongest legitimate
view of the evidence and all reasonable inferences which may be drawn
therefrom. State v. Cabbage, 571 S.W.2d 832, 835 (Tenn. 1978). Moreover, a
guilty verdict removes the presumption of innocence which the appellant enjoyed
at trial and raises a presumption of guilt on appeal. State v. Grace, 493 S.W.2d
474, 476 (Tenn. 1973). The appellant has the burden of overcoming this
presumption of guilt. Id.
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Where sufficiency of the evidence is challenged, the relevant question for
this Court is whether, after viewing the evidence in the light most favorable to the
prosecution, any rational trier of fact could have found the essential elements of
the crime or crimes beyond a reasonable doubt. Jackson v. Virginia, 443 U.S.
307, 319 (1979); State v. Duncan, 698 S.W.2d 63, 67 (Tenn. 1985); Tenn. R.
App. P. 13(e). The weight and credibility of the witnesses’ testimony are matters
entrusted exclusively to the jury as the triers of fact. State v. Sheffield, 676
S.W.2d 542, 547 (Tenn. 1984); Byrge v. State, 575 S.W.2d 292, 295 (Tenn.
Crim. App. 1978).
The Days Inn desk clerk testified at the appellant’s trial. She stated that
two females brandishing guns took $537.00 in cash from the motel register. She
also stated that the robbers threatened her life if she failed to cooperate.
According to her testimony, both of the women had their faces painted black.
She, however, was able to made a positive identification of the appellant
approximately forty-five minutes after the robbery. She based her identification
upon the appellant’s height, weight, build, hair color, mannerisms, walk, and
voice.
In addition to the positive in-court identification of the appellant, the state
also presented circumstantial evidence of her guilt. The appellant’s son testified
that his mother’s roommate, Dalia Montalvo, was at his house on the night of the
robbery. He stated that she had black mascara all over her face. He further
testified that he witnessed an individual loan Montalvo a BB-gun which
resembled a .45 caliber pistol. Finally, a police officer testified that he had
recovered $272.50 in cash from the appellant’s house. He also recovered a roll
of nickels and a roll of pennies similar to the rolls taken from the motel.
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The appellant did not testify at trial nor did she call any witnesses on her
behalf. The jury chose to credit the testimony of the state’s witnesses. A
rational trier of fact could have found, and indeed did find, that the appellant had
committed aggravated robbery. The appellant’s conviction is affirmed.
__________________________
PAUL G. SUMMERS, Judge
CONCUR:
______________________________
JOSEPH B. JONES, Presiding Judge
______________________________
J. CURWOOD WITT, JR., Judge
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