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State of Tennessee v. Terry Vonner
E2016-00019-CCA-R3-CD
| Tenn. Crim. App. | Oct 18, 2016
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Background

  • 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))
Read the full case

Case Details

Case Name: State of Tennessee v. Terry Vonner
Court Name: Court of Criminal Appeals of Tennessee
Date Published: Oct 18, 2016
Docket Number: E2016-00019-CCA-R3-CD
Court Abbreviation: Tenn. Crim. App.