Tennessee Criminal Lawyer Blog

If race or ethnicity is a factor in determining the target of a Tennessee theft crime, the state may well “throw the book” at the defendant by arguing for sentence enhancement and alleging a civil rights intimidation offense. The facts of the case, State v. Lamar, provide an illustration.

On May 23, 2007, in Hamilton County, Franklin Lamar (defendant) and two others hatched a plan to rob a single Hispanic woman who lived down the road from where the defendant lived. According to Mr. Lamar’s testimony, he and an accomplice were “talking about these little Mexicans up the street…[and] that they be having a lot of money on them whatever.” They walked up to the woman’s home, pushed in the door, and stole the victim’s piggy bank containing approximately $100 in change. A detective said that it was common for Hispanic people to be specifically targeted for robbery in Hamilton County.

Mr. Lamar was caught hiding in a trash can, charged with robbery and civil rights intimidation, and subsequently convicted. At the sentencing hearing, the trial judge rejected alternative sentencing, which would have limited the defendant’s sentence to probation. Instead, the court enhanced the defendant’s sentence upon a finding that he specifically targeted an ethnic group for the commission of robbery. Consequently, Mr. Lamar received four years in prison for the robbery conviction and two years to be served concurrently with his civil rights intimidation conviction.

State v. Lamar illustrates how a judge can enhance the defendant’s sentence based on who he selects as a victim and the reasons for that selection. Under T.C.A. § 40-35-114(17), if appropriate for the offense and if not already an essential element of the offense, the court is required to consider as a sentence enhancement factor whether the defendant selected the victim because of the defendant's belief or perception regarding race or ethnicity. Since victim selection based on race or ethnicity is not an element of a theft offense in Tennessee, the judge had the power to increase Mr. Lamar’s sentence.

State v. Lamar also shows how racial targeting is a stand-alone crime in Tennessee pursuant to T.C.A. § 39-17-309. This law makes it a felony to injure or coerce another person with the intent to intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee. The rights considered in this law are the rights to be free from fear, intimidation, harassment and bodily injury caused by the activities of groups and individuals.

If you have been charged with a criminal civil rights violation and/or robbery in Tennessee, don’t settle for inexperience; call the skilled and experienced Knoxville criminal defense attorneys at Baker Associates for a free and thorough consultation.