The defendant, James Johnson, originally charged with first degree murder, was convicted of second degree murder. The trial court imposed a sentence of twenty-three years. In this appeal, the defendant asserts that (1) the evidence is insufficient to support his conviction; (2) the trial court erred by denying his motion for a preliminary hearing; (3) the trial court erred by permitting evidence of a California police chase involving the defendant; (4) the trial court erred in its instructions to the jury; (5) the cumulative effect of the errors at trial require reversal; and (6) the sentence is excessive. Because the trial court misapplied certain of the enhancement factors, the sentence is modified to twenty-one years. Otherwise, the judgment of the trial court is affirmed.
Case Number
W2003-02009-CCA-R3-CD
Originating Judge
Judge Chris B. Craft
Case Name
State of Tennessee v. James Johnson
Date Filed
Dissent or Concur
This is a dissenting opinion
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