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Posted by: Tanja Trezise on Aug 20, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Mary C. White, Murfreesboro, Tennessee, and Robert L. Marlow, Shelbyville, Tennessee, for the appellant, Cody Cofer.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; Randy York, District Attorney General; Gary McKenzie and Amanda Hunter, Assistant District Attorneys General, for the appellee, State of Tennessee.


A Cumberland County jury convicted the Defendant, Cody Cofer, of two counts of felony murder and one count of attempted especially aggravated robbery. The trial court imposed consecutive life sentences for the felony murder convictions, ordering those sentences to run concurrently with the twelve-year sentence it imposed for the attempted especially aggravated robbery conviction. On appeal, the Defendant argues that: (1) the evidence is insufficient to support his convictions; (2) the trial court erred when it allowed the jury to determine whether a witness was an accomplice; (3) the trial court erred by refusing to give a missing witness instruction to the jury; (4) the State’s closing argument was improper; and (5) the trial court erred when it imposed consecutive life sentences. Following our review, we affirm the trial court’s judgments.