State of Tennessee v. Brian Dunkley & William Miller

A Davidson County jury convicted Defendant Brian Dunkley of conspiracy to commit first degree murder. The jury convicted Defendant William Miller of one count of conspiracy to commit first degree murder, one count of attempted aggravated burglary, and one count of attempted first degree murder. The trial court sentenced both defendants to effective sentences of twenty-five years in the Tennessee Department of Correction. On appeal, Defendant Dunkley asserts that: (1) the trial court erred when it admitted text messages into evidence pursuant to Tennessee Rule of Evidence 404(b); (2) the trial erred when it denied his motion for new trial because the trial court failed to function as the thirteenth juror and because newly discovered evidence warranted a new trial; (3) there is insufficient evidence to support his conviction; and (4) the trial court improperly applied enhancement factors when it sentenced him. Defendant Miller asserts that: (1) there is insufficient evidence to support his convictions; (2) the trial court erred when it denied his motion for new trial because the trial court failed to function as the thirteenth juror; and (3) the trial court erred when it imposed consecutive sentences. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.