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Posted by: Amelia Ferrell Knisely on Jun 15, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph Fanduzz, Knoxville, Tennessee, for the appellant, Bendale Romero.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin Ball, Senior Counsel; Charme Allen, District Attorney General; and TaKisha Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Bendale Romero (“the Defendant”) stands convicted of attempted first degree murder, employing a firearm during the commission of a dangerous felony, and aggravated assault for the August 10, 2013 shooting of Nathan Kelso. The Defendant, along with his co-defendant, Joshua Johnson, were tried jointly but have pursued separate appeals in this court. On appeal,the Defendant argues that the trial cour terred when (1) it allowed the jury to hear a 911 call under the excited utterance exception to the hearsay rule and (2) it ruled that, if the Defendant called a witness to testify that the victim had been the first aggressor in the past, the State could use a portion of the 911 tape, previously excluded by the trial court, in which the caller stated that he knew the shooter because he was the person who shot him in the eye last year. Upon review, we affirm the judgments of the trial court.