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Posted by: Tanja Trezise on Jan 29, 2014

Head Comment: CORRECTION: On page 14, footnote line 5, "more than two months ARE the March 9, 2012 filing" changed to "more than two months AFTER the March 9, 2012 filing".

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard L. Gaines, Knoxville, Tennessee, for the appellant, Gary S. Holman.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faught, Assistant Attorney General; Randall Nichols, District Attorney General; and Ta Kisha Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Gary S. Holman, stands convicted of aggravated burglary, employing a firearm in the commission of a dangerous felony, false imprisonment, first degree felony murder, and especially aggravated robbery. He is currently serving an effective sentence of life plus eleven years. On appeal, the defendant contends that: (1) the trial court erred by not allowing extrinsic evidence to be used to impeach a witness under Tennessee Rules of Evidence Rule 613(b);(2) that the trial court erred by allowing prejudicial photographs of a victim into evidence; and (3) that the evidence is insufficient to support his convictions. Following review of the record, we conclude that the evidence is sufficient to support the convictions. However, the petitioner’s remaining two issues are waived for failure to prepare an adequate record on appeal. As such, the judgments of conviction are affirmed.