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Posted by: Stacey Shrader Joslin on Aug 10, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen C. Bush, District Public Defender; Harry E. Sayle, III (on appeal); Mary K. Kent and William N. Muller (at trial), Assistant Public Defenders, for the appellant, DeMarco Waters.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Paul Hagerman and Colin A. Campbell, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, DeMarco Waters, was convicted by a Shelby County Criminal Court jury of premeditated first degree murder; three counts of attempted first degree murder, Class A felonies; attempted second degree murder, a Class B felony; and four counts of employing a firearm during the commission of a dangerous felony, Class C felonies. The defendant was sentenced to an effective term of life plus seventy-seven years. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions and that the trial court abused its discretion in ordering consecutive sentencing. After review, we affirm the judgments of the trial court. However, we remand for entry of a corrected judgment in Count 6 to indicate that the conviction offense is a Class A felony.