State of Tennessee v. Alvertis Boyd
W2010-01513-CCA-R3-CD
Tenn. Crim. App.Jul 1, 2011Background
- Defendant Alvertis Boyd was convicted by a jury of aggravated robbery, a Class B felony, and sentenced to life imprisonment without parole as a repeat violent offender.
- The offense occurred July 30, 2007, at a Circle K in Memphis, where Boyd gestured and displayed a handgun to compel the victim to open the cash register and take money.
- The victim testified she opened the register after seeing the weapon and felt intimidated; money ($60–$70) was taken before Boyd fled.
- A customer, Justin Scarbrough, observed Boyd leaving and reported the robbery; both the victim and Scarbrough identified Boyd in a photo lineup.
- Boyd testified that he intended to rob the store but claimed he did not display a weapon and that he did not have one; he acknowledged prior aggravated robbery and misdemeanor theft convictions.
- At sentencing, the trial court found Boyd to be a repeat violent offender and sentenced him to life imprisonment without parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for aggravated robbery | State argues weapon and fear established taking from the person. | Boyd asserts only theft and no deadly weapon or fear was shown. | Sufficient evidence supports aggravated robbery |
| Admission of prior convictions for impeachment | Prior aggravated robbery and theft are probative of credibility and admissible under Rule 609. | Prejudicial and overly similar to the offense on trial; risk of propensity inference. | Trial court did not abuse discretion; admission proper with limiting instruction |
| Classification as a repeat violent offender | The State properly classified Boyd under §40-35-120 despite some timing issues and notice nuances. | 180-day timing rule and notice defects invalidated classification; prejudicial errors occurred. | Classification affirmed; any notice defects were harmless |
Key Cases Cited
- State v. Mixon, 983 S.W.2d 661 (Tenn. 1999) (impeachment seriousness and credibility balancing under Rule 609)
- State v. Baker, 956 S.W.2d 8 (Tenn. Crim. App. 1997) (prior dishonesty crimes highly probative of credibility)
- State v. Blevins, 968 S.W.2d 888 (Tenn. Crim. App. 1997) (prior crimes of dishonesty admissible for credibility)
- State v. Addison, 973 S.W.2d 260 (Tenn. Crim. App. 1997) (misdemeanor theft as a crime of dishonesty)
- State v. Thompson, 36 S.W.3d 102 (Tenn. Crim. App. 2000) (180-day speediness concerns under repeat offenders statutes; prejudice analysis)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (test for sufficiency of evidence; rational finder of fact)
