State of Tennessee v. Demetrius Grimes
Case Details
- Judge(s)
- Judge Alan E. Glenn
- Status
- Published
- Procedural Posture
- Appeal - convictions on certain counts reversed, case remanded
Related Laws
No specific laws identified for this ruling.
Outcome
Criminal defendant's convictions for multiple counts including attempted first-degree murder and firearm offenses partially reversed on appeal due to erroneous enhancement convictions based on non-dangerous felonies and sentencing errors.
Excerpt
The Defendant, Demetrius Grimes, was convicted of two counts of attempted first-degree murder five counts of employing a firearm during a dangerous felony four counts of employing a firearm during the commission of a dangerous felony with a prior dangerous felony conviction two counts of attempted especially aggravated robbery two counts of attempted carjacking one count of attempted first-degree murder with serious bodily injury two counts of assault and one count of simple possession of a controlled substance, third offense. The sentences for the attempted first-degree murders of Michael Dixon and Carl Chesney were ordered to be served consecutively to each other, as well as to both of the 10-year sentences for employing a firearm during a dangerous felony, which were, in turn, to be served consecutively to each other, resulting in a total effective sentence of sixty years. Further, all the sentences were to be served consecutively to a sentence for a prior conviction. On appeal, the Defendant asserts that, since the State argued at trial that Michael Dixon was the intended target of the shots, the attempted first-degree murder conviction for the shooting of Carl Chesney could not stand. Further, the Defendant argues on appeal that the multiple convictions for employment of a firearm during the commission of multiple dangerous felonies cannot stand, for the evidence showed that the Defendant used only one weapon, thus supporting only a single firearm conviction and that the trial court erred in ordering consecutive sentencing. The State agrees on appeal that the court erred as to sentencing in Counts 15 through 18, which enhanced the Defendant's sentences for employing a firearm during the commission of four attempted dangerous felonies, for the prior felonies upon which the enhancement was based, were not "dangerous" felonies, as required by statute, but, rather, were simple drug possession convictions. Accordingly, we reverse the convictions as to Counts 15 thro
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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