STATE OF TENNESSEE v. LARRY E. OROZCO - Articles

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Posted by: Karen Belcher on Jun 26, 2024

Court: TN Court of Criminal Appeals

Attorneys 1: John S. Colley, Columbia, Tennessee (on appeal) and W. Scott Kimberly, Murfreesboro, Tennessee (at trial) for the appellant, Larry Estrella Orozco.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Brooke A. Huppenthal, Assistant Attorney General; Jennings H. Jones, District Attorney General; and John Zimmerman and Eric Farmer, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant, Larry E. Orozco, was originally convicted of two counts of attempted second-degree murder, two counts of unlawful employment of a firearm during an attempt to commit a dangerous felony, and seven counts of reckless endangerment committed with a deadly weapon, for which he received an effective sentence of thirty-one years’ imprisonment. This court affirmed his convictions on direct appeal; however, appellate review of his sentence was waived because the record did not include the sentencing hearing transcript. The Defendant subsequently filed a post-conviction petition alleging ineffective assistance of counsel, and the trial court granted a delayed appeal. The Defendant now challenges the consecutive nature of his sentence and contends the trial court erred in finding that he was a dangerous offender, see Tenn. Code Ann. § 40-35- 115(b)(4), and in failing to make the necessary findings pursuant to State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). Upon our review, we detect clerical errors in the judgments and remand for entry of corrected judgments in counts 10, 11, 12, 16, 17, and 19. In all other respects, we affirm.

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