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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON
Assigned on Briefs February 14, 2012 STATE OF TENNESSEE v. ALEXIS MASON and TERRENCE HARRIS
Appeal from the Criminal Court for Shelby County No. 09-04389 Lee V. Coffee, Judge

No. W2010-02321-CCA-R3-CD - Filed March 27, 2013

In a joint trial, the Appellants, Alexis Mason and Terrence Harris, were convicted of various offenses by a Shelby County jury. Appellant Mason was found guilty of one count of second degree murder, a Class A felony, and three counts of aggravated assault, a Class C felony, for which she received an effective sentence of thirty-seven years in the Department of Correction. Appellant Harris was convicted of three counts of facilitation of aggravated assault, a Class D felony, and one count of facilitation of criminally negligent homicide, a Class A misdemeanor, for which he received an effective sentence of twelve years, eleven months, and twenty-nine days in the Department of Correction. In this consolidated appeal, both Appellants challenge the sufficiency of the evidence supporting their convictions and the sentences imposed by the trial court. Appellant Harris additionally argues that the trial court erred in the following evidentiary rulings: admission of various out-of-court statements; admission of an autopsy photograph; exclusion of evidence of the deceased victim's violent character; and the denial of jury instructions on self-defense and lesser included offenses. Finding no reversible error, we affirm the judgments of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed C AMILLE R. M CM ULLEN, J., delivered the opinion of the court, in which JOSEPH M. T IPTON, P.J., joined. J OHN E VERETT W ILLIAMS, J., concurring in results only. James E. Thomas (on appeal) and Michael G. Floyd (at trial), Memphis, Tennessee, for the Defendant-Appellant, Alexis Mason. Blake D. Ballin, Memphis, Tennessee, for the Defendant-Appellant, Terrence Harris. Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel, Assistant Attorney General; Amy P. Weirich, District Attorney General; Glen C. Baity and Kate Edmands, Assistant District Attorneys General, for the Appellee, State of Tennessee.

OPINION Over a period of two days, Appellant Mason and the victims, Laketra Campbell, Sabrina Campbell, Sherika Swift, and Shamika Farris, were involved in a verbal dispute, stemming from one car "bumping" another car while backing out of a driveway. This dispute eventually led to Appellant Mason shooting and killing Sabrina Campbell, one of the victims in this case. It began on March 20, 2009, when Sherika Swift was attempting to back out of a driveway and bumped into the car in which Appellant Mason was a passenger. Swift got out of the car and approached the other car. An argument ensued, and Appellant Mason got out of her car and kicked Swift's car, denting it. Later that same day, Laketra Campbell, the owner of Swift's car, attempted to contact Appellant Mason by phone to ascertain why Appellant Mason dented her car. In response, Appellant Mason "cussed" Laketra Campbell. The next day, March 21, 2009, the dispute escalated into a physical confrontation between the victims and Appellant Mason, during which Sabrina Campbell took a metal broomstick away from Appellant Mason, and struck her with it. Later that afternoon, Appellant Harris, with Appellant Mason as the front seat passenger, pursued the victims in an SUV, forcing the victim's car into another car. Appellant Mason then fired several shots at the four women out the window of the SUV driven by Appellant Harris. One of the bullets struck and killed Sabrina Campbell. Appellant Mason was subsequently indicted for one count of first degree premeditated murder and three counts of aggravated assault. Appellant Harris was indicted for one count of facilitation of first degree murder and three counts of facilitation of aggravated assault. The following proof was adduced at trial. Laketra Campbell testified that the last time she saw her sister, Sabrina, alive was on March 21, 2009.1 Laketra stated that on March 20, 2009, she loaned her car to her friend, Sherika Swift, and her sister. When her sister and Swift returned home with Laketra's car, it had a dent in it. Laketra later learned that Appellant Mason was responsible for the dent in her car. That same day, Laketra called Appellant Mason to inquire "what happened," and Appellant Mason "[went] off and start[ed] cussing," so Campbell hung up the phone. The next day, March 21, 2009, Laketra called Appellant Mason and told her that she was on her way to her house. Laketra, Sabrina, Swift, and Farris drove to the home of Swift's boyfriend, Rernardo Wilson, and dropped off their children. On her way to Appellant Mason's house, Laketra saw Appellant Mason and Derwin Owens. When Laketra asked Appellant Mason, "Why is this dent in my car," she said that Appellant Mason "talked crazy" and was "cussing." Laketra said that Appellant Mason specifically told her, "Bitch, I'll kill again." Eventually, Farris, age fifteen at the time of the offense, and Appellant Mason began

Where the witnesses in this case share the same last name, we will refer to them by their first name. No disrespect is intended.

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to fight. Appellant Mason had a knife; however, Owens took it from her. During the fight, Appellant Mason was biting Farris "like a pit bull," so Laketra hit Appellant Mason to get her off Farris. Laketra said that Appellant Mason went into the house and grabbed a broomstick, but Sabrina took the broomstick from Appellant Mason and struck Appellant Mason with it. Laketra then saw blood coming from a cut on Appellant Mason's eye. After approximately ten minutes, they stopped fighting. The victims got in the car and left. Laketra, Sabrina, Farris, and Swift drove to Wilson's house to check on the children. Before Laketra left the area, Appellant Mason called her on the phone. Laketra was able to see Appellant Mason on the phone, standing outside of a black SUV waving a gun in her hand, but Appellant Mason could not see Laketra. Laketra tried to "ride past [Appellant Mason] real fast." When Laketra drove past the SUV, she saw the driver of the SUV and described him as a man with a dread lock hairstyle. Laketra later noticed the same SUV "on the side of her [car]" forcing her to "slid[e] and hit[] somebody's car[.]" She pulled her car to the side of the street, and the SUV pulled beside them. Appellant Mason's hand came out of the window of the SUV, and the victims said, "`We fixing to die.'" Laketra heard shots and closed her eyes. When Laketra opened her eyes, her sister, Sabrina, had gotten out of the car. Laketra and the other passengers stayed inside Laketra's car for fear of being killed. Laketra panicked and later heard Sabrina say, "`I'm shot.'" Laketra and the other women then saw Sabrina "[fall] down real slow." Laketra called for help from a house nearby the shooting. Laketra identified Appellant Mason as the shooter in a photographic lineup on the day of the offense and at trial. Laketra also identified Appellant Harris as the driver of the SUV in a photographic lineup on the day of the offense, which was admitted as an exhibit at trial. Laketra was unable to identify Appellant Harris as the driver of the SUV at a previous hearing in May 2009, because he had a different hairstyle. On cross-examination by Appellant Mason, Laketra was questioned regarding her preliminary hearing testimony and the statement she gave police soon after the shooting. She acknowledged testifying at the preliminary hearing that she closed her eyes during the shooting. She acknowledged telling the police that she drove to Wilson's house after the initial fight to get two crowbars. She testified at trial, however, that the crowbars had been in the car all along. On cross-examination by Appellant Harris, Laketra testified that she had never seen Appellant Harris before she drove by him at the time of the shooting. He was not involved in the earlier confrontations. Laketra further acknowledged getting mad after she spoke to Appellant Mason on the phone the evening of March 20.

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On redirect examination, Laketra's police statement was admitted as an exhibit. Laketra testified that the crowbars had been in the car before the fight and that the women did not take them out of the car. Sherika Swift, a long time friend of Sabrina and Laketra, testified consistently with the testimony of Laketra. She additionally said that on the day before the offense, Laketra allowed her to use her car. Swift drove Sabrina to the home of Renaldo Wilson, Swift's boyfriend at the time, to drop off their children. As Swift backed out of the driveway, she "bumped" a car that belonged to Derwin Owens, Appellant Mason's boyfriend. Swift approached the car to apologize and heard a voice from the back say, "She hit your car." Swift replied, "Bitch, I know I hit his car." Swift apparently returned to her car, and Appellant Mason approached Swift's car saying, "Who's the bitch?" Appellant Mason was "hollering" and telling Swift to get out of the car. Swift did not respond and attempted to leave. As she pulled off, Appellant Mason kicked the car. The next day, Swift drove back to Wilson's house to pick up her child. Swift said Sabrina, Laketra, and Shamika went with her. Laketra asked Wilson about her car, and he told her to ask Appellant Mason and Owens. As Swift drove down the street, she saw Owens and asked, "`What happened to the car? What happened last night?'" Swift said that Owens told her, "`You better leave before I put my bitch on you.'" The women then saw Appellant Mason come outside. Swift said that they backed up the car and asked Appellant Mason about the incident with the car. Swift stated that Appellant Mason taunted them, telling them to get out of the car and "jack or whatever." Although Laketra said they did not want to fight, the women eventually fought in Owens's front yard. Swift did not observe how the fight started. As the fight was ending, Appellant Mason said, "I got you hoe's. I got you . . . . It ain't over with. I got you hoes." Within five minutes after the fight, Swift saw Appellant Mason standing beside a black SUV with a gun in her hand. Swift had not seen either the SUV or the gun during the earlier events. She saw Appellant Harris in the driver's seat with the window down. As the women drove past the black SUV, it began chasing them. The women's car slid and hit another car. The SUV pulled alongside their car, and Swift heard a woman's voice say, "These bitches got me f----- up. I'm going to make The First 48 tonight." 2 Swift then saw shots being fired from the right side of the SUV at the women in the car. Swift and Farris, who were both in the back seat, ducked. One bullet entered the window near where Swift was sitting and another went in the roof of the car. After the SUV pulled away, Swift
Appellant Harris's brief on appeal explains the reference: "The First 48 is a true-crime television drama-documentary featuring real-life police investigations in various cities including Memphis."
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discovered Sabrina had been shot and was lying outside of the car near a driveway. On cross-examination by Appellant Mason, Swift acknowledged that she had previously testified that she did not see who fired the shots. On cross-examination by Appellant Harris, Swift testified that Appellant Harris was not present for the incident at Wilson's house on March 20. He also was not present for the fight on March 21 when Appellant Mason said, "It ain't over with. I got you hoes." Swift acknowledged telling the police that Farris followed Appellant Mason onto Owens's property before the fight began, but she denied this at trial. At the time of the shooting, the passenger side of the SUV was positioned next to the driver's side of the women's car. On redirect examination, Swift testified that she previously told the police that Appellant Harris was driving the SUV and Appellant Mason was in the front passenger seat. Swift's police statement was admitted as an exhibit. Shemika Farris testified substantially the same as Laketra and Swift. After the fight, when the women drove by the SUV, Farris saw Appellant Mason with a gun in her hand about to get in the SUV. On cross-examination by Appellant Mason, Farris denied that the women were looking for Appellant Mason to start a fight with her. She acknowledged that she did not tell police that Appellant Mason was in the front passenger seat of the SUV at the time of the shooting. On cross-examination by Appellant Harris, Farris testified that when Laketra first saw that Appellant Mason had a gun, Laketra was going to hit Appellant Mason with the car to prevent her from shooting the women. She acknowledged that she told the police that Laketra was going to hit Appellant Mason but changed her mind when Laketra saw that Appellant Mason had a gun. On redirect, Farris testified that she told the police Appellant Mason was the person who shot Sabrina. Farris's police statement was admitted as an exhibit. Rernardo Wilson testified that he was dating Swift at the time of the offense and that his cousin, Derwin Owens, was dating Appellant Mason. The day before the shooting, Wilson saw Appellant Mason standing outside Swift and Sabrina's car, arguing. The next day, the victims came and left his house twice. After they left the second time, Appellant Mason arrived as the passenger in a black SUV driven by a man with dread locks. Appellant Mason got out and told Wilson, "Call them bitches back." Wilson saw Appellant Mason standing near the hood of the SUV and called Swift to tell her not to return because Appellant Mason had a gun. By the time he called, the women were already at a nearby intersection. After the women turned onto his street, Appellant Mason got into the SUV, which followed the women. After the cars turned the corner, Wilson heard gunshots. Teresa Harris was outside on her front porch on the day of the shooting. She saw a car stop in front of her neighbor's house. A black SUV with a woman in the passenger seat -5-

came from the same direction as the other car. The women in the first car got out and started running. Teresa then saw the woman in the SUV point a gun out the window and fire four or five times, shooting one of the women in the other car. On the day of the shooting, Cassandra Allen-Wolfe was inside her house when she heard four gunshots. She looked out her window and a woman knocked on her door. AllenWolfe went outside and saw another woman screaming that she had been shot. Allen-Wolfe called 911. Her father's car, parked in front of her house, had a bullet hole in the trunk. A photograph depicting Allen-Wolfe's house and her father's car in front of the house was admitted as an exhibit. Sergeant Ricky Davison of the Memphis Police Department testified that he was assigned as the crime scene investigator for this case. He described the scene, including the location of the cars, the bullet holes in the cars, and where Sabrina was lying when paramedics treated her. A number of photographs of the scene and a diagram of the scene were admitted as exhibits. Sergeant David Parks of the Memphis Police Department testified that he coordinated the investigation of this case. Although all the witnesses identified Appellant Mason as the shooter, Sergeant Parks testified that he mistakenly wrote a report stating that Appellant Harris was the shooter. He called the mistake a "typo." Special Agent Cervinia Braswell, a forensic scientist with the firearms identification unit of the Tennessee Bureau of Investigation, examined a bullet removed from Sabrina's breast and a bullet removed from the trunk of the car parked in front of Allen-Wolfe's house. Special Agent Braswell determined that the bullets were fired from the same gun. Dr. Miguel Laboy of the Shelby County Medical Examiner's Office performed the autopsy of Sabrina Campbell. Dr. Laboy testified and described two gunshot wounds on Sabrina's body. One bullet entered the lower left back, perforated the left iliac vessel and the stomach, and exited on the front right side of the abdomen. The other bullet entered the right breast from front to back. Dr. Laboy recovered the bullet from Sabrina's body. Dr. Laboy testified that the gunshot wounds caused Sabrina's death and that the manner of death was homicide. A number of autopsy photographs and an autopsy diagram were admitted as exhibits. Neither Appellant Mason nor Appellant Harris presented proof. The jury convicted Appellant Mason of the lesser included offense of second degree murder and three counts of aggravated assault. The jury convicted Appellant Harris of the lesser included offense of facilitation of criminally negligent homicide and three counts of facilitation of aggravated assault. -6-

Sentencing Hearing. At the sentencing hearing held on July 21, 2010, Charla Campbell, Sabrina's mother, testified that Sabrina, age nineteen when she died, had two children, ages one and four. Charla testified that the children had sleepless nights and cried often, wanting their mother. Charla also had difficulty coping with the loss of Sabrina, and she lost her job and sought counseling as a result of Sabrina's death. Laketra testified that since Sabrina's death, she had been diagnosed with depression, which required her to take medicine. She also had to move from the apartment where she had lived with Sabrina. Minerva Mason, Appellant Mason's mother, testified that Appellant Mason had become a better person and a "good adult" since she had been incarcerated. However, Appellant Mason's seven-year-old son was experiencing behavioral problems at school as a result of his mother being absent. Appellant Mason introduced as an exhibit to the hearing a "Letter of Participation" from the Shelby County Sheriff's Office. The letter stated that Appellant Mason had been participating in several programs, including "Commitment to Change," "Job Readiness," "Moral Reconation Therapy," "Anger Management," "Parenting," "Addictive Behavior," and "Literacy." In allocution, Appellant Mason told the victim's family that she was "sorry for [their] loss." A letter from Shane Norman, Appellant Harris's uncle, praising Appellant Harris's character was also admitted as evidence at the hearing. The letter described Appellant Harris as "without a shadow of doubt one of the kindest and gentlest human beings you'd ever meet." The letter related how Appellant Harris, after the recent murder of a young cousin, "served as the primary positive influence for other young impressionable men in our family, and thwarted all conversations and thoughts of retribution and retaliation." In allocution, Appellant Harris stated that he was sorry "for this situation" and that he "regret[ted] what happened." The presentence investigation report for each defendant was also admitted into evidence at the hearing. Appellant Mason's report showed that she was twenty-six years old and had completed the tenth grade. She had worked at two different fast food restaurants for approximately six months each between December 2008 and December 2009. Since the date of the offenses, she had been diagnosed with depression requiring her to take medicine. Appellant Mason's criminal history included one conviction for driving with a suspended, cancelled, or revoked license, for which she served one day in jail. Appellant Harris, age twenty-eight, had obtained a general education diploma and attended the University of Phoenix. He had worked as a bouncer at a night club from August 2008 to March 2009, as a laborer during May 2010, and as a server at a country club since June 2010. He had an eight-year-old daughter, a son whose age was not reported, and four -7-

stepchildren between eleven and sixteen years old. Harris was previously convicted of simple assault, two misdemeanor thefts, aggravated criminal trespass, and failure to appear. Following the evidence at the hearing, the trial court sentenced Appellant Mason to twenty-two years for second degree murder and five years for each count of aggravated assault, to be served consecutively for a total effective sentence of thirty-seven years. Appellant Harris was sentenced to eleven months and twenty-nine days for facilitation of criminally negligent homicide and four years for each count of facilitation of aggravated assault, to be served consecutively for an effective sentence of twelve years and eleven months and twenty-nine days. This appeal followed. ANALYSIS I. Sufficiency of the Evidence. Appellants Mason and Harris contest the sufficiency of the evidence to support their convictions. When reviewing the sufficiency of the evidence on appeal, the State is entitled to the strongest legitimate view of the evidence and all reasonable inferences which may be drawn from the evidence. State v. Bland, 958 S.W.2d 651, 659 (Tenn. 1997). When a defendant challenges the sufficiency of the evidence, this Court must decide "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319 (1979). Similarly, Rule 13(e) of the Tennessee Rules of Appellate Procedure states, "Findings of guilt in criminal actions whether by the trial court or jury shall be set aside if the evidence is insufficient to support the finding by the trier of fact of guilt beyond a reasonable doubt." A verdict of guilt removes the presumption of innocence and replaces it with a presumption of guilt; therefore, a defendant on appeal has the burden of showing that the evidence is insufficient to support the jury's verdict. State v. Thacker, 164 S.W.3d 208, 221 (Tenn. 2005) (citing State v. Evans, 108 S.W.3d 231, 237 (Tenn. 2003); State v. Carruthers, 35 S.W.3d 516, 557-58 (Tenn. 2000); State v. Tuggle, 639 S.W.2d 913, 914 (Tenn. 1982)). A guilty verdict by the jury, approved by the trial judge, accredits the testimony of the State's witnesses and resolves all conflicts in the evidence in the State's favor. Bland, 958 S.W.2d at 659 (citing State v. Grace, 493 S.W.2d 474, 476 (Tenn. 1973)). Issues regarding the credibility of witnesses, the weight and value of the evidence, and all factual issues raised by the evidence are resolved by the jury as the trier of fact, and this court does not reweigh or reevaluate the evidence. Id. (citing State v. Cabbage, 571 S.W.2d 832, 835 (Tenn. 1978)). Guilt may be found beyond a reasonable doubt in a case where there is direct evidence, circumstantial evidence, or a combination of the two. State v. Matthews, 805 S.W.2d 776, 779 (Tenn. Crim. App. 1990) (citing State v. Brown, 551 S.W.2d 329, 331 (Tenn. 1977); Farmer v. State, 343 S.W.2d 895, 897 (Tenn. 1961)).

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Appellant Mason contends that the evidence showing that she was the shooter was insufficient. She argues that Laketra was the only witness who saw Appellant Mason shooting and that Sergeant Parks's report that witnesses identified Appellant Harris as the shooter demonstrated that Appellant Mason was not the shooter. The State responds that the evidence supported Mason's convictions. We agree with the State. "The identity of the perpetrator is an essential element of any crime." State v. Robert Wayne Pryor, No. M2003-02981-CCA-R3-CD, 2005 WL 901140, at *3 (Tenn. Crim. App. April 19, 2005) (citing State v. Thompson, 519 S.W.2d 789, 793 (Tenn. 1975)). The State has the burden of proving "the identity of the defendant as the perpetrator beyond a reasonable doubt." Id. (citing State v. Sneed, 908 S.W.2d 408, 410 (Tenn. Crim. App. 1995)). The identity of the defendant as the perpetrator, just like guilt generally, may be established by direct evidence, circumstantial evidence, or a combination of the two. Thompson, 519 S.W.2d at 793. "The credible testimony of one identification witness is sufficient to support a conviction if the witness viewed the accused under such circumstances as would permit a positive identification to be made." State v. Radley, 29 S.W.3d 532, 537 (Tenn. Crim. App. 1999) (citing State v. Strickland, 885 S.W.2d 85, 87-88 (Tenn. Crim. App. 1993)). This Court has stated that the identification of the defendant as the perpetrator is a question of fact for the jury after considering all the relevant proof. Strickland, 885 S.W.2d at 87 (citing State v. Crawford, 635 S.W.2d 704, 705 (Tenn. Crim. App. 1982)). In addition, this Court has held that "the testimony of a victim, by itself, is sufficient to support a conviction." Id. (citing State v. Williams, 623 S.W.2d 118, 120 (Tenn. Crim. App. 1981)). Here, both Laketra and Farris testified at trial that Appellant Mason shot at them from the black SUV. Although this testimony alone was sufficient to prove Appellant Mason's identity as the shooter, see id., several other witnesses also testified that they heard Appellant Mason threaten the victims and saw her waving a gun while standing outside the black SUV moments before the shooting. Accordingly, the evidence was sufficient to prove Appellant Mason's identity as the shooter. She is not entitled to relief on this issue. Appellant Harris argues that "the State offered no testimony or other proof to show that Harris was aware of Mason's state of mind" and that as a result, "no rational trier of fact could find that Harris knew Mason intended to commit the underlying felonies" in order to convict him of facilitation. The State responds, and we agree, that the evidence was sufficient to support the convictions. Appellant Harris was convicted of the facilitation of both criminally negligent homicide and aggravated assault. Facilitation occurs "if, knowing that another intends to commit a specific felony . . ., the person knowingly furnishes substantial assistance in the commission of the felony." T.C.A.

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