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Posted by: Brittany Sims on Apr 14, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael J. Flanagan, Nashville, Tennessee, for the appellant, Derek C. Miller.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Kim R. Helper, District Attorney General; and Jennifer Mason, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Derek C. Miller, appeals his conviction for attempted tampering with evidence. He argues that the trial court wrongly denied his motion for judgment of acquittal as to the charged offense of tampering with evidence because the evidence adduced by the State was insufficient to support this charge. According to Defendant, had the trial court not erred in denying his motion, the trial court would have been precluded from charging the jury with the lesser-included crime of attempt, of which Defendant was ultimately convicted. After careful review of the parties? briefs, the record, and the applicable law, we conclude that Defendant is not entitled to relief. Accordingly, the judgment of the trial court is affirmed.