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State v. Davis9/20/1999
On October 12, 1998, a Marshall County jury found the defendant, William D. Davis, Jr., knowingly failed to appear for an August 13, 1998 trial in violation of Tenn. Code Ann. § 39-16-609 (1997). The trial court sentenced him to serve eleven months and twenty-nine days in the county jail. This sentence was to run consecutively with his sentence for driving with a revoked license, the charge for which he was to have been tried on August 13, 1998. The defendant appealed as of right, listing two assignments of error, that the evidence was insufficient for a finding of guilt and he received an excessive sentence.
Based upon our review of this matter, we affirm the decision of the trial court.
FACTS OF THE CASE
The defendant was found guilty of driving on a revoked license in Lewisburg City Court. He appealed to the Marshall County Circuit Court. On August 5, 1998, he was present in circuit court to select a trial date. The trial court announced that he would be tried at 8:30 a.m. on August 13, 1998. He signed an appearance bond and was released from custody on August 5, 1998. However, on August 13, 1998, the defendant did not appear for trial. A Lewisburg police officer, Larry Barker, received an arrest warrant for the defendant, but could not locate him. The defendant turned himself in at the Lewisburg police station on the morning of August 14, 1998, walking into the police station and climbing the stairs unaided to surrender.
In a court appearance on August 19, 1998, the defendant stated he was not in court on August 13, 1998, because he was confused about the date he was to appear. He was indicted for failure to appear pursuant to Tenn. Code Ann. § 39-16-609 (1997), and was tried for this charge on October 12, 1998.
At his October 12, 1998 trial, the defendant presented evidence that he had suffered a back injury on August 11, 1998. Dr. John Brewer treated the defendant for neck or back strain on August 11 and 12, 1998. Dr. Brewer prescribed pain medication and ordered him to stay in bed for twenty-four hours on August 12, 1998. However, Dr. Brewer testified that the defendant's injury and course of treatment would not have prevented his coming to court the following day for the trial.
Nancy Brown, the defendant's mother, testified that when the defendant came to her house on August 11 and 12, 1998, he had either walked or ridden his bicycle the approximate two and one-half mile distance each way.
Linda Perkins, the defendant's sister, testified she took him to the Marshall Medical Center on August 12, 1998. Perkins stated that the defendant was barely able to walk on August 13, 1998. Perkins said she phoned the court clerk's office the morning of August 13, 1998, to tell someone that he could not be in court. On cross-examination, Perkins stated that she could not remember what she said or to whom she spoke. Perkins also admitted she told Officer Barker she had not seen the defendant on August 14, 1998, when in fact he was asleep in her home. After Perkins told the defendant that Officer Barker was looking for him, the defendant went to the police station and turned himself in.
The State presented evidence that the defendant did not mention a back injury or that he required bed rest until his October 12, 1998 trial. The State also presented evidence that the defendant was walking and moving around well on the morning of August 14, 1998, contradicting his claim of a debilitating back injury.
After due deliberation, the jury found the defendant guilty of failure to appear. The trial court sentenced him to the maximum term of eleven months and twenty-nine days, and ordered that his senten
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