STATE OF TENNESSEE v. RHAKIM MARTIN - Articles

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Posted by: Tanja Trezise on Feb 10, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Lance R. Chism (on appeal) and Paul K. Guibao (at trial), Memphis, Tennessee, for the appellant, Rhakim Martin.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Senior Counsel; Amy P. Weirich, District Attorney General; and Alexia Crump, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Rhakim Martin, was convicted by a Shelby County Criminal Court jury of carjacking, a Class B felony, and employment of a firearm during the commission of a dangerous felony, a Class C felony, and was sentenced to an effective term of sixteen years in the Tennessee Department of Correction. On appeal, he argues that: (1) his conviction for employing a firearm during a dangerous felony violates the terms of Tennessee Code Annotated section 39-17-1324(c) and the prohibitions against double jeopardy; (2) the failure to name the predicate felony in the indictment for employment of a firearm during the commission of a dangerous felony voids the conviction; (3) the trial court erred in denying his motion to suppress the victim’s identification of him; (4) the evidence is insufficient to sustain his convictions; and (5) the trial court committed plain error by failing to charge the jury on possession of a firearm during the commission of a dangerous felony as a lesserincluded offense of employing a firearm during the commission of a dangerous felony. After review, we affirm the judgments of the trial court.

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