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Posted by: Tanja Trezise on May 5, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Jeffrey A. DeVasher (on appeal) and Jonathan Wing (at trial), Nashville, Tennessee, for the Defendant-Appellant, Narrell Christopher Pierce.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Rachel Sobrero, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, Narrell Christopher Pierce, was convicted by a Davidson County Criminal Court jury of attempted aggravated robbery, attempted second degree murder, employment of a firearm during the commission of a dangerous felony, and unlawful possession of a handgun by a felon. The trial court sentenced the Defendant to an effective sentence of 51 years’ confinement. On appeal, the Defendant-Appellant argues: (1) the trial court erred in denying the Defendant’s motions to suppress (a) the victim’s identification testimony, (b) evidence obtained as a result of the Defendant’s arrest, and (c) evidence obtained pursuant to a search warrant; (2) the trial court erred in refusing to allow the Defendant to cross-examine a witness about alleged acts of untruthfulness; (3) the trial court erred in denying the Defendant’s motion to dismiss count 3 of the indictment and allowing the State to amend that count of the indictment; (4) the evidence is insufficient to sustain the Defendant’s convictions of attempted second degree murder and employing a firearm during the commission of a dangerous felony; and (5) the trial court abused its discretion in sentencing the Defendant as a career offender to 51 years’ confinement. Upon review, we affirm the judgments of the trial court.