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Posted by: Tanja Trezise on Aug 26, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Rob McKinney, Nashville, Tennessee, for the appellant, Dustin Shawn Price.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Renee R. Erb and Sarah N. Davis, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Dustin Price, was convicted by a Davidson County Criminal Court jury of first degree felony murder, first degree premeditated murder, two counts of reckless endangerment, and three counts of attempted first degree murder. The two first degree murder convictions were merged, and the defendant received an effective sentence of life plus 40 years in the Department of Correction. On appeal, he argues that the trial court erred by: (1) denying his motion to sever offenses; (2) admitting jail house recordings of his telephone conversations with a Davidson County Jail inmate; (3) allowing the prior testimony of a witness under Tennessee Rule of Evidence 803(26); and (4) ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court.