STATE OF TENNESSEE v. TERRANCE JOHNSON - Articles

All Content


Posted by: Tanja Trezise on Feb 6, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert Todd Mosley (on appeal), Waynesville, North Carolina; and Coleman W. Garrett (at trial), Memphis, Tennessee, for the appellant, Terrance Johnson.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; J. Ross Dyer, Senior Counsel; Amy P. Weirich, District Attorney General; and Stephanie Zander Johnson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Appellant, Terrance Johnson, was convicted by a jury of second degree murder, employing a firearm during the commission of a dangerous felony, and burglary of an automobile. The trial court sentenced him to seventeen years for the murder conviction, six years for the firearm conviction, and one year for the burglary conviction for a total effective sentence of twenty-three years. On appeal, appellant argues that the armed dangerous felonies statute, Tennessee Code Annotated section 39-17-1324, does not list second degree murder as a dangerous felony in subsection 1324(i)(1) and that therefore (1) his conviction for employing a firearm during the commission of a dangerous felony cannot stand and (2) the trial court erred in its jury instructions with regard to this charge. The State concedes error and requests that this court reverse and dismiss the firearm conviction. Following our review, we reverse and dismiss appellant’s conviction for employing a firearm during the commission of a dangerous felony. We affirm the trial court’s judgments in all other respects.

Attachments: