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State of Tennessee v. Alvertis Boyd
W2010-01513-CCA-R3-CD
Tenn. Crim. App.
Jul 1, 2011
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Background

  • 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)
Read the full case

Case Details

Case Name: State of Tennessee v. Alvertis Boyd
Court Name: Court of Criminal Appeals of Tennessee
Date Published: Jul 1, 2011
Citation: W2010-01513-CCA-R3-CD
Docket Number: W2010-01513-CCA-R3-CD
Court Abbreviation: Tenn. Crim. App.