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Posted by: Landry Butler on Aug 26, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Justin P. Jones, Brownsville, Tennessee, for the appellant, Guary L. Wallace.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; James E. Gaylord, Senior Counsel; Garry G. Brown, District Attorney General; Hillary Lawler Parham and Jerald Campbell, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Guary L. Wallace, was convicted in the Crockett County Circuit Court of attempted first degree murder, especially aggravated robbery, two counts of aggravated robbery, and two counts of especially aggravated assault, all under a theory of criminal responsibility. Following a sentencing hearing, Defendant received the following sentences of incarceration: 40 years for attempted first degree murder; 40 years for especially aggravated robbery; 20 years for each aggravated robbery conviction; and ten years for each especially aggravated assault conviction. His 40-year sentences were ordered to run concurrently, and his remaining sentences were ordered to run consecutively, resulting in a total effective sentence of 100 years. Defendant appeals his convictions and sentences and argues: 1) that the evidence is insufficient to support his convictions on a theory of criminal responsibility; 2) that the trial court failed to fulfill its role as thirteenth juror; 3) that the trial court failed to properly instruct the jury on criminal responsibility; 4) that the prosecutor committed prosecutorial misconduct during closing argument; and 5) that his sentences amount to cruel and unusual punishment. After a thorough review of the record, we affirm the judgments of the trial court.