State of Tennessee v. Curtis Moore

A Shelby County jury convicted the Defendant, Curtis Moore, of attempted second degree murder, employing a firearm during the commission of a dangerous felony, and aggravated assault. The trial court merged the aggravated assault conviction with the attempted second degree murder conviction and ordered the Defendant to serve an effective sentence of fourteen years. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction for attempted second degree murder and that the trial court erred when it found him statutorily ineligible for probation. After a thorough review of the record and applicable authorities, we conclude that the evidence is sufficient to sustain the Defendant’s conviction. We further conclude, and the State concedes, that the trial court erred when it found the Defendant statutorily ineligible for probation. As such, we reverse the case for the trial court to consider the Defendant’s suitability for probation on the eight-year sentence for attempted second degree murder.