STATE OF TENNESSEE v. DAVID JOSEPH BUCKHANON - Articles

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Posted by: Tanja Trezise on Nov 30, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Hershell D. Koger, Pulaski, Tennessee, for the appellant, David Joseph Buckhanan.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; T. Michael Bottoms, District Attorney General; and Daniel J. Runde, Assistant District Attorney General, for the appellant, State of Tennessee.

Judge(s): HARRIS

Appellant, David Joseph Buckhanon, was convicted by a Maury County jury of facilitation of attempted first degree murder, facilitation of especially aggravated burglary, and facilitation of especially aggravated robbery. As a result, Appellant was sentenced to an effective sentence of twenty three years. After the denial of a motion for new trial, Appellant initiated this appeal. He challenges: (1) the trial court’s exclusion of testimony by a witness who heard the Appellant’s co-defendant state that he, rather than Appellant, was responsible for the shooting; (2) the trial court’s admission of Appellant’s alleged street name “Laylow”; (3) the trial court’s admission of testimony from a detective that there was no evidence of a third participant in the shooting; (4) the insufficiency of the evidence; and (5) the application of enhancement factors to his sentence. After a review of the evidence, we determine: (1) the trial court properly excluded hearsay testimony; (2) the trial court properly admitted evidence of Appellant’s street name; (3) the trial court properly excluded evidence of Appellant’s claim of a second accomplice where there was no corroboration; (4) the evidence was sufficient to support the convictions; and (5) the trial court properly sentenced Appellant. Consequently, the judgments of the trial court are affirmed.

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