The defendant, Ricky Hill Krantz, appeals as of right from his conviction by a jury in the Davidson County Criminal Court for felony murder and aggravated assault, a Class C Felony. The defendant was sentenced to life imprisonment for the felony murder conviction and as a Range II, multiple offender to seven years in the custody of the Department of Correction for the aggravated assault conviction. The trial court ordered the defendant’s sentences to be served consecutively. The defendant contends that:
(1) the evidence is insufficient to support the first degree
murder conviction;
(2) the trial court erred by not dismissing the indictment due to
the state’s failure to preserve a blood sample taken from the
defendant on the evening of the offense;
(3) the trial court erred by not dismissing the indictment upon
grounds of fundamental fairness because the defendant
should not have been retried after a mistrial upon a theory that
was not relied upon by the state in the first trial; and
(4) the trial court erred by allowing the state to use a
peremptory challenge in a discriminatory manner in violation of
the Sixth and Fourteenth Amendments to the United States
Constitution and in violation of Article I, Section 9 of the
Tennessee Constitution.
We conclude that the evidence is sufficient and that the trial court did not err as the defendant claims. We affirm the trial court’s judgment of conviction.