STATE OF TENNESSEE v. CURTIS HARPER - Articles

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Posted by: Tanja Trezise on Aug 30, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Harry E. Sayle, III (on appeal), and J.T. Harris (at trial), Memphis, Tennessee, for the appellant, Curtis Harper.

Attorneys 2:

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

Judge(s): TIPTON

The Defendant, Curtis Harper, was found guilty by a Shelby County Criminal Court jury of attempt to commit second degree murder, a Class B felony, employing a firearm during the commission of a felony, a Class C felony, and two counts of aggravated assault, a Class C felony. See T.C.A. §§ 39-13-210(a)(1) (2010), 39-12-101(a) (2010), 39-17-1324 (Supp. 2008) (amended 2009), 39-13-102(a)(1)(A) (2006) (amended 2009, 2010, 2011). The trial court merged the aggravated assault convictions into the attempted second degree murder conviction, and sentenced the Defendant as a Range I, standard offender to twelve years’ confinement for attempted second degree murder and six years for employing a firearm during the commission of a felony. The trial court ordered the sentences to be served consecutively, for an effective eighteen-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his conviction for attempted second degree murder. We affirm the Defendant’s convictions, but we vacate the aggravated assault and attempted second degree murder judgments and remand the case for entry of a corrected judgment reflecting the merger of the aggravated assault convictions into the conviction for attempted second degree murder.

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