State of Tennessee v. Joseph Matthew Maka

Indicted for the offense of premeditated first degree murder, defendant was convicted of the lesser-included offense of second degree murder and sentenced to twenty-three years. In this appeal as of right, defendant presents the following issues: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred in failing to grant a mistrial when the state referred to defendant's being in jail pending trial; (3) whether the trial court erred in admitting defendant's prior misdemeanor convictions for impeachment purposes; (4) whether the trial court erred in failing to grant a mistrial when the prosecutor misstated the evidence in final argument; (5) whether the trial court erred in failing to grant a mistrial when extraneous prejudicial information was present during jury deliberations; and (6) whether the sentence was excessive. We find no error and affirm the judgment of the trial court.