All Content

Posted by: Tanja Trezise on Jun 25, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael R. Working, Memphis, Tennessee, for the appellant, Darquan Swift.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Amy P. Weirich, District Attorney General; and Paul Hagerman and Neal Oldham, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): PAGE

A Shelby County grand jury indicted appellant, Darquan Swift, for one count of attempted first degree murder, one count of especially aggravated robbery, one count of attempted especially aggravated robbery, three counts of aggravated robbery, one count of attempted aggravated robbery, and one count of employing a firearm during commission of a dangerous felony in violation of Tennessee Code Annotated section 39-17-1324. Following a trial, a jury found him guilty of the lesser included offense of attempted second degree murder and guilty as charged on all remaining counts. The trial court sentenced appellant to an effective sentence of ninety-seven years in the Tennessee Department of Correction. He now appeals his convictions on the following grounds: (1) whether Tennessee Code Annotated section 39- 17-1324 can be applied in a case involving robbery; (2) whether Tennessee Code Annotated section 39-17-1324 can be applied to lesser included offenses of the dangerous felony upon which the State relied; and (3) whether the trial court improperly limited the testimony of appellant’s expert witness. Following our review, we affirm the judgments of the trial court.