STATE OF TENNESSEE v. JAQUAN GATHING and PRINCE PARKER - Articles

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Posted by: Karen Belcher on Jan 19, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Terrell L. Tooten, Cordova, Tennessee, for the appellant, Jaquan Gathing.

Attorneys 2:

Jennifer J. Mitchell, Memphis, Tennessee, for the appellant, Prince Parker.

Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Ann Schiller, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The Defendants, Jaquan Gathing and Prince Parker, were convicted of various offenses in connection with the robbery and assault of three victims committed with firearms and a hatchet. Mr. Gathing was convicted of attempted especially aggravated robbery, aggravated assault, facilitation of aggravated assault, facilitation of attempted aggravated robbery, and especially aggravated robbery, and he received an effective sentence of forty-seven years. Mr. Parker was convicted of facilitation of attempted especially aggravated robbery, facilitation of aggravated assault, facilitation of attempted aggravated robbery, and facilitation of especially aggravated robbery, and he received an effective sentence of twenty-six years. On appeal, Mr. Gathing relies on his brief and oral argument and challenges: (1) the trial court’s denial of his motion to suppress; (2) improper comments made by the State during voir dire; (3) the insufficient chain of custody for DNA evidence; (4) improper comments made to the jury regarding the merger of offenses; and (5) the State’s failure to preserve the record for appeal. On appeal, Mr. Parker relies on his brief and challenges: (1) the sufficiency of the evidence to support his convictions; (2) the admission of a photograph of an alleged victim’s injuries; (3) the trial court’s application of enhancement factors to his sentences; and (4) the trial court’s decision to run his sentences consecutively. After review of the record and applicable law, we affirm the judgments of the trial court but remand for entry of corrected judgments of Prince Parker to reflect facilitation of aggravated assault with a deadly weapon, rather than with serious bodily injury, and to reflect the proper classification of facilitation of especially aggravated robbery as a Class B felony, rather than a Class C felony.

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