STATE OF TENNESSEE v. JOSHUA L. CARTER AND ADONIS LASHAWN MCLEMORE - Articles

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Posted by: Tanja Trezise on Jun 26, 2015

Head Comment: With concurring opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Dwight E. Scott, Nashville, Tennessee, for the appellant, Joshua L. Carter.

Attorneys 2:

Kyle Fite Mothershead (on appeal); and Jay Norman (at trial), Nashville, Tennessee, for the appellant Adonis LaShawn McLemore.

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Victor S. Johnson III, District Attorney General; and Sarah N. Davis and Janice Norman, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): PAGE

Appellant Joshua L. Carter was convicted in case 2011-B-1648 of the sale of less than .5 grams of cocaine in a drug-free zone, a Class B felony; possession with the intent to sell or deliver more than .5 grams of cocaine in a drug-free zone, a Class A felony; simple possession of marijuana, a Class A misdemeanor; and evading arrest, a Class A misdemeanor. As a Range II, multiple offender, his effective sentence in case 2011-B-1648 was forty years. Appellant Carter was convicted in case 2011-D-3013 of felony murder; attempted especially aggravated robbery, a Class B felony; and voluntary manslaughter, a Class C felony that the trial court merged with the felony murder conviction. For these offenses, appellant Carter received an effective life sentence, consecutive to his effective forty-year sentence in case 2011-B-1648. Appellant McLemore was convicted in case 2011-D-3013 of facilitation of especially aggravated robbery, a Class B felony, and facilitation of felony murder, a Class A felony. Appellant McLemore, as a Range III, persistent offender, received an effective sentence of fifty years. On appeal, appellant Carter argues that evidence was insufficient to support his convictions in both cases and that in case 2011-D-3013, the trial court erred under Tennessee Rule of Evidence 609 by allowing the State to impeach him with a prior conviction for selling drugs. Appellant McLemore argues that the evidence was insufficient to support his convictions. Following our review, we affirm the judgments of the trial court.