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Posted by: Tanja Trezise on Oct 29, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Ruchie Patel (trial) and Samuel Rodriguez, III (appeal), Memphis, Tennessee, for the Appellant, Dannaer Beard.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Sophia S. Lee, Senior Counsel; Amy P. Weirich, District Attorney General; and Marlinee Iverson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): HOLLOWAY

A Shelby County jury found Appellant Dannaer Beard guilty of criminal attempt: second degree murder and two counts of aggravated assault. The trial court sentenced him to an effective term of twelve years' imprisonment. Appellant now challenges the sufficiency of the evidence to sustain his conviction for criminal attempt: second degree murder. Appellant also argues that the trial judge erred in not merging the two aggravated assault convictions. Because a jury could find that Appellant’s stabbing of the victim was a substantial step in a knowing attempt to kill Mr. Moore, we affirm the criminal attempt conviction. Additionally, we find that the two aggravated assault charges arose from a single incident, and we remand the case for entry of a single judgment noting merger of the two offenses in counts 2 and 3.