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Posted by: Tanja Trezise on Aug 23, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Juni Ganguli, (at trial) and Janene Oleaga (on appeal), Memphis, Tennessee, for the Defendant-Appellant, Demariceo Chalmers.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Amy P. Weirich, District Attorney General and Paul Goodman, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

Defendant-Appellant, Demariceo Chalmers, appeals as of right his convictions for attempt to commit aggravated robbery and first degree murder committed during the perpetration of an attempted aggravated robbery. He received a sentence of five years for the attempt to commit aggravated robbery to be served concurrently with a sentence of life imprisonment for the felony murder. In this appeal, the sole issue presented for our review is whether the evidence is sufficient to support his conviction of felony murder. Specifically, Chalmers contends that the State failed to prove felony murder because he abandoned his intent to commit the underlying felony prior to shooting and killing the victim. After reviewing the record and the applicable authorities, we affirm the judgment of the trial court.