State of Tennessee v. Gary E. Floyd
Case Details
- Judge(s)
- Judge D. Kelly Thomas, Jr.
- Status
- Published
- Procedural Posture
- Appeal of right following jury trial conviction; appellate court affirmed trial court judgment
Related Laws
No specific laws identified for this ruling.
Outcome
Defendant Gary E. Floyd's conviction for employment of a firearm during the commission of a dangerous felony and attempted second degree murder was affirmed on appeal. The appellate court rejected all contentions regarding insufficient evidence, withheld evidence, jury instructions, and cumulative error.
Excerpt
The Defendant, Gary E. Floyd, was indicted on one count of attempted first degree murder, a Class A felony and one count of employment of a firearm during the commission of a dangerous felony, a Class C felony. See Tenn. Code Ann. §§ 39-12-101, -13-202, -17-1324. Following a jury trial, the Defendant was convicted of employment of a firearm during the commission of a dangerous felony and the lesserincluded offense of attempted second degree murder, a Class B felony. See Tenn. Code Ann. §§ 39-12-101, -13-210. The trial court imposed a total effective sentence of fourteen years. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for attempted second degree murder (2) that the State withheld exculpatory evidence (3) that the trial court failed to instruct the jury on the lesser-included offenses of attempted voluntary manslaughter and possession of a firearm with the intent to go armed during the commission of a dangerous felony (4) that the trial court committed several errors when instructing the jury on self-defense and (5) that he is entitled to a new trial based upon cumulative error. Following our review, we affirm the judgments of the trial court.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Defendant, Montrell Reid, appeals from his guilty-pleaded convictions for harassment and stalking, both Class A misdemeanors. Under the plea agreement, Defendant agreed to serve eleven months and twenty-nine days for each count, with the sentences to be served consecutively and the manner of service to be determined by the trial court. At sentencing, the trial court denied Defendant's request for probation and ordered that he serve his sentence in confinement. On appeal, Defendant contends that the trial court erred in denying his request for probation. Following our review, we affirm the trial court's judgments as to the denial of probation, but we remand for a determination of the percentage of service pursuant to Tennessee Code Annotated section 40-35-302(d).
The Madison County Grand Jury indicted Defendant, Andre Davis, Jr., for one count each of harassment and aggravated stalking. A jury found Defendant guilty as charged, and the trial court imposed an effective two-year sentence. Defendant appeals and argues that the evidence was insufficient to support his convictions. After a careful review of the record and the briefs of the parties, we affirm the judgments of the trial court.
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