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State v. Orr5/19/2000
The appellant, David Carl Orr, was convicted in the Madison County Circuit Court of voluntary manslaughter. The trial court sentenced the appellant as a standard, Range I offender to four years and six months in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court's sentencing determination. In essence, the appellant contests the length of his sentence, arguing that the trial court erroneously applied the enhancement factor set forth in Tenn. Code Ann. § 40-35-114(1) (1997) in determining his sentence. The appellant also contests the trial court's denial of a sentencing alternative to incarceration. Following a thorough review of record and the parties' briefs, we affirm the judgment of the trial court.
Tenn. R. App. P. 3; Judgment of the Circuit Court is Affirmed.
Ogle, J., delivered the opinion of the court, in which Wade, P.J., and Williams, J., joined.
OPINION
The appellant's conviction of voluntary manslaughter arose from the fatal shooting of Alton Templeton on November 20, 1997, in front of the appellant's home in Jackson, Tennessee. The evidence adduced at trial established that Mr. Templeton had engaged in an affair with the appellant's wife, Sandra Orr, during a period of separation between the appellant and his wife. Subsequently, the Orrs decided to reconcile, whereupon Ms. Orr confessed to the appellant her relationship with Mr. Templeton and attempted to terminate the relationship. However, Mr. Templeton began to call the appellant's home during all hours of the day and night. On several occasions, he spoke with the appellant, "cuss and harass him," and, according to the appellant, threatened to kill him.
On the night of the homicide, the appellant returned home intoxicated and informed his wife that he intended to call Mr. Templeton and confront him concerning his repeated telephone calls to the appellant's home. The appellant did in fact call Mr. Templeton and demand an explanation for the harassment. According to the appellant, Mr. Templeton again threatened to kill him and also threatened to burn his house down. The appellant concluded the conversation by stating, "Just come over here. Just come over here then." Following the conversation, the appellant located his shotgun and loaded the weapon with ammunition. According to Ms. Orr, the appellant stated at this time that he intended to kill Mr. Templeton.
Mr. Templeton soon arrived at the appellant's residence. He got out of his car, removed his shirt, and began yelling obscenities at the appellant. He also informed the appellant that he and Ms. Orr were currently engaged in an affair. Accordingly, the appellant went outside to meet Mr. Templeton, initially leaving his shotgun inside the carport attached to his home. He and Mr. Templeton then began to fight. Several neighbors who witnessed the altercation testified at the appellant's trial that the two men appeared to be engaged in "mutual combat." Finally, the appellant threatened to call the police, and Mr. Templeton responded that he intended to leave. Mr. Templeton picked up his shirt, got into his car, and shifted the car's transmission into reverse gear. At this point, the appellant retrieved his shotgun and shot into Mr. Templeton's vehicle, killing the victim.
The appellant was indicted by a Madison County Grand Jury on one count of first degree murder, and his case proceeded to trial on September 28, 1998. At the conclusion of the trial, the jury returned a verdict of guilt of the lesser included offense of voluntary manslaughter. The trial court conducted a sentencing hearing on November 3, 1998.
At the sentencing hearing, the State relied
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