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Posted by: Stacey Shrader Joslin on Sep 6, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

James J. Ramsey, Gallatin, Tennessee, for the appellant, Joseph Alan Cundiff.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Lawrence Ray Whitley, District Attorney General; and Lytle A. James, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Joseph A. Cundiff, was indicted by a Sumner County Grand Jury for premeditated first degree murder of his wife and unlawful possession of a handgun by a felon. After a jury trial, Defendant was found guilty of second degree murder. Defendant pled guilty to unlawful possession of a weapon by a felon. The trial court imposed concurrent sentences of twenty-five years for second degree murder and two years for unlawful possession of a handgun by a felon. On appeal, Defendant argues that: 1) the trial court erred by denying his motions for judgment of acquittal; 2) the evidence was not sufficient to support his second degree murder conviction; and 3) the trial court erred in sentencing him to the maximum sentence for second degree murder. After a thorough review, we affirm the judgments of the trial court.