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Posted by: Stacey Shrader Joslin on Sep 8, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Comer L. Donnell, District Public Defender; Thomas H. Bilbrey (on appeal and at trial) and Joe McLerran (at trial), Assistant Public Defenders, for the appellant, David Leon Graves.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Tom P. Thompson, Jr., District Attorney General; and Javin R. Cripps, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, David Leon Graves, was convicted by a Wilson County Criminal Court jury of two counts of attempted first degree premeditated murder, a Class A felony; one count of assault, a Class B misdemeanor; and one count of reckless endangerment, a Class E felony. He was sentenced by the trial court as a Range I, standard offender to twenty-five years and twenty years, respectively, for the attempted murder convictions, six months for the assault conviction, and two years for the reckless endangerment conviction. The trial court ordered the twenty-year sentence served consecutively to the twenty-five-year sentence, for an effective term of forty-five years in the Department of Correction. The defendant raises six issues on appeal: (1) whether the evidence is sufficient to sustain the convictions; (2) whether the trial court erred by allowing evidence of statements the defendant made while hospitalized; (3) whether the trial court erred by admitting a photograph of the victim?s injuries; (4) whether the trial court erred by not allowing evidence about a prior frivolous 9-1-1 call made by the defendant?s girlfriend; (5) whether the defendant?s convictions and sentences violate principles of double jeopardy; and (6) whether the trial court erred in ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court.