State of Tennessee v. Atoya L. Every and Charlie Letez Fleming

The defendants, Atoya L. Every and Charlie Letez Fleming, were indicted for felony murder in the perpetration of aggravated child neglect resulting in the death of the two-year-old victim, Amber Cox Cody. A jury convicted the defendants of misdemeanor reckless endangerment (Class A misdemeanor). Both defendants were sentenced to eleven months and twenty-nine days. Defendant Every was placed on full probation. Defendant Fleming was sentenced to serve six weeks, with the remainder on probation. The defendants’ appeals of their convictions have been consolidated. Defendant Every poses two issues: 1) whether misdemeanor reckless endangerment is a lesser included offense of first degree murder in the perpetration of aggravated child abuse; and (2) whether the evidence is sufficient to support the conviction. Defendant Fleming contends that the trial court erred in its failure to grant (1) his pretrial motion to dismiss for failure to state a cause of action; and (2) his motion for judgment of acquittal for failure to “present sufficient facts to constitute felony murder.” After review, we affirm the defendants’  judgments of conviction.