State of Tennessee v. Terry Vonner
E2016-00019-CCA-R3-CD
| Tenn. Crim. App. | Oct 18, 2016Background
- The defendant, Terry Vonner, was convicted by Knox County Circuit Court jury of attempted second-degree murder, reckless endangerment, and employing a firearm during a dangerous felony; he pleaded guilty to unlawful possession of a firearm.
- The victims included Althea Pope, who was attacked with a machete at her home and shot outside a neighbor's house; evidence included scene photographs, shell casings, and firearm recovered near the victim's home.
- The trial court imposed an effective sentence of 51 years as a Range III, persistent offender, with multiple concurrent and consecutive terms across counts.
- At sentencing, the court acknowledged mitigating evidence related to Vonner's troubled childhood and mental health issues, but gave it limited weight against strong enhancement factors and his extensive criminal history.
- The court applied enhancement factors (1), (6), (8), and (16), and found significant grounds for consecutive sentencing due to danger to society and prior conduct.
- On appeal, Vonner challenged the weight given to mitigating evidence and the propriety of consecutive sentencing; the appellate court affirmed convictions but remanded to correct Count 2’s judgment to reflect 100% release eligibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in weighing mitigating evidence. | Vonner argues mitigation should be given substantial weight due to his background and mental health. | Vonner contends the court undervalued mitigating factors given his history and needs for treatment. | No abuse; within-range discretion affirmed with other supporting factors |
| Whether enhancement factors were properly applied and sentences properly structured. | State contends enhancement factors and history support the length and consecutive nature. | Vonner contends the sentence was excessive given mitigating evidence and potential reforms. | Yes; proper application and no reversible error; consecutive sentences affirmed |
| Whether the sentence for Count 2 (employing a firearm during a dangerous felony) properly reflects release eligibility. | State maintains release eligibility aligns with 39-17-1324; no correction needed. | Vonner argues the judgment misstates release eligibility as 45% persistent offender. | Remanded for correction to 100% release eligibility under 39-17-1324 |
Key Cases Cited
- State v. Ashby, 823 S.W.2d 166 (Tenn. 1991) (prescribes standard sentencing considerations and review)
- State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (abuse-of-discretion review with presumption of reasonableness)
- State v. Pollard, 432 S.W.3d 851 (Tenn. 2013) (consecutive sentencing framework)
- State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995) (dangerous-offender and life-imprisonment considerations in sentencing)
- State v. Desirey, 909 S.W.2d 20 (Tenn. Crim. App. 1995) (criteria for consecutive sentencing under 40-35-115(b)(1)-(7))
