Clay Man Denied Appeal, Sentenced 13 Years On Weapon Charges

The State Court of Appeals denied a Clay County man’s appeal of a conviction on weapons charges.

A Clay County jury found William Isaac Atwood guilty of possession of a prohibited weapon and possession of a firearm by a convicted felon. Clay County deputies found a sawed-off shotgun during a 2018 search of Atwood’s home. He was sentenced to 13 years in prison.

On appeal, Atwood challenged the evidence, saying the only thing that tied him to the shotgun was it was found in his home.

“The State submits, however, that the jury could reasonably conclude the defendant constructively possessed the sawed-off shotgun,” Judge J Ross Dyer wrote in the appeals opinion. “Upon our review of the record and the applicable law, we agree with the State and affirm the defendant’s convictions.”

Atwood also challenged the sentencing on the grounds that his prior conviction in Ohio would not qualify as felonies in Tennessee.

“The trial court noted that in order to be sentenced as a Range II offender, the defendant, here, must have at least two to four prior convictions for Class D or higher felonies,” Judge J Ross Dyer wrote in the appeals opinion. “The court determined the defendant’s prior Ohio convictions for burglary and robbery qualified and imposed a Range II sentence.”