STATE OF TENNESSEE v. BRANDON BLOUNT - Articles

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Posted by: Amelia Ferrell Knisely on May 26, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

M. Haden Lawyer, Memphis, Tennessee (on appeal); and Thomas Paul Pera and Kamilah E. Turner, Assistant Public Defenders (at trial), for the appellant, Brandon Blount.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Pamela Stark and Shannon McKenna, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Brandon Blount, was convicted by a Shelby County Criminal Court jury of aggravated burglary acting in concert with two or more other persons, a Class B felony, and possession of a firearm during the commission of a dangerous felony, a Class D felony. He was sentenced by the trial court as a Range I offender to consecutive terms of eight years at 30% for the aggravated burglary conviction and three years at 100% for the firearms conviction. On appeal, Defendant argues that the evidence was insufficient to sustain his convictions; that the trial court erred by denying Defendant's motion to suppress his statement to police; by failing to instruct the jury that unlawful possession of a weapon is a lesser included offense of possession of a firearm during the commission of a dangerous felony; and that the trial court committed plain error by not declaring a mistrial because of the prosecutor?s improper comments during closing argument. After a thorough review of the record and the parties? briefs, we affirm the judgments of the trial court.