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Posted by: Tanja Trezise on Jun 11, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Paul Walwyn (at trial) and James J. Ramsey (on appeal), Gallatin, Tennessee, for the appellant, Shawn Thompson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Michelle L. Consiglio-Young, Assistant Attorney General; L. Ray Whitley, District Attorney General; and Lytle A. James, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Shawn Thompson, was convicted after a jury trial of three counts of attempted voluntary manslaughter, a Class D felony; one count of reckless endangerment with a deadly weapon, a Class E felony; and one count of employing a firearm during the commission of a dangerous felony, a Class C felony. The trial court ordered the defendant’s attempted voluntary manslaughter convictions to run concurrently with one another, but ordered the reckless endangerment conviction to run consecutively to the first three counts and the weapons conviction to run consecutively to all counts. On appeal, the defendant asserts error in the trial court’s failure to dismiss the weapons charge in light of what he asserts is a material variance; in the trial court’s failure to charge the jury on the issue of self- defense; in the State’s improper argument to the jury; and in the trial court’s allegedly erroneous consideration of non-statutory factors in imposing a consecutive sentence. After a thorough review of the record, we affirm the judgments of the trial court.