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State v. Gary Carr

Citation: Not availableDocket: 02C01-9709-CR-00368

Court: Court of Criminal Appeals of Tennessee; March 11, 1999; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the appellant was convicted of attempted first-degree murder and attempted especially aggravated robbery following a jury trial. The convictions were challenged on appeal, primarily on the grounds of double jeopardy and insufficient identification evidence. The appellate court affirmed the conviction for attempted murder, finding the evidence, including eyewitness testimony, sufficient to establish the appellant's identity and intent. The court applied the standard of viewing evidence in the light most favorable to the State, emphasizing the trier of fact's role in assessing witness credibility. However, the conviction for attempted especially aggravated robbery was reversed due to insufficient evidence of specific intent to commit robbery. The court highlighted that the appellant's actions, although reflecting an especially aggravated nature, did not demonstrate intent to rob. As a result, the appellant's 24-year sentence for attempted murder was upheld, while the concurrent sentence for attempted robbery was vacated, underscoring the court's rigorous scrutiny of evidentiary standards and statutory definitions in criminal convictions.

Legal Issues Addressed

Definition and Elements of Especially Aggravated Robbery

Application: The court determined that the prosecution failed to prove the appellant's specific intent to commit robbery, resulting in the reversal of the attempted especially aggravated robbery conviction.

Reasoning: The appellant’s act of shooting the victim multiple times at close range reflected the especially aggravated nature of the crime. However, there was no evidence indicating that the appellant intended to rob the victim or take property from the store.

Double Jeopardy and Criminal Episodes

Application: The appellant argued that his convictions for attempted first-degree murder and attempted especially aggravated robbery arose from the same criminal episode, thereby violating double jeopardy principles.

Reasoning: Carr argues that both convictions stem from the same criminal episode, violating double jeopardy principles, and challenges the sufficiency of evidence identifying him as the shooter.

Identification Evidence and Witness Testimony

Application: The appellant's identity as the shooter was sufficiently established through witness testimony, which the court upheld as credible and adequate for the attempted murder conviction.

Reasoning: Two eyewitnesses identified the appellant as the shooter during the trial, leading to his conviction for attempted first degree murder and attempted especially aggravated robbery. On appeal, the appellant contests the sufficiency of the evidence regarding his identity as the shooter.

Premeditation and Intent in Homicide

Application: The court found that the appellant's actions demonstrated premeditation and specific intent to kill, supporting the conviction for attempted first-degree murder.

Reasoning: Evidence indicates that the appellant fled after the victim attempted to shoot him with a gun located under the store counter. This supports the jury’s finding that the appellant shot the victim with the specific intent to kill, constituting a substantial step toward homicide.

Standard for Reviewing Sufficiency of Evidence

Application: The court applied the standard of viewing evidence in the light most favorable to the State, emphasizing the role of the trier of fact in determining credibility and weight.

Reasoning: In evaluating the sufficiency of convicting evidence, the court applied the standard that the evidence must be viewed in the light most favorable to the State, allowing for all reasonable inferences.

Sufficiency of Evidence for Convictions

Application: The court reviewed the evidence and found it insufficient to support the conviction for attempted especially aggravated robbery but sufficient for attempted first-degree murder.

Reasoning: The court reviews the evidence and finds it insufficient to support the conviction for attempted especially aggravated robbery, leading to its reversal. However, the conviction for attempted first-degree murder is affirmed along with the 24-year sentence.