State of Tennessee v. Donald Peden

This case arises from the attempted murder of Latoya Pipkins in September of 2012.  For this offense, the Defendant-Appellant, Donald Peden, was indicted by the Davidson County Grand Jury for attempted first degree murder in count one, especially aggravated robbery in count two, and theft of property valued at more than five hundred dollars, but less than one thousand dollars, in count three.  Prior to trial, Peden filed a motion in limine to exclude evidence recovered from a vehicle that he and the victim jointly owned.  He also asked the court to exclude photographs of his hands as well as clothing that was taken by investigating officers while he was incarcerated.  Following a trial, the State withdrew count three, and the jury convicted Peden of attempted first degree murder in count one and the lesser-included offense of theft of property in count two.  The trial court sentenced Peden to eleven months and twenty nine days’ incarceration on count two, and after a separate sentencing hearing, sentenced Peden as a Range III career offender to sixty years’ incarceration on count one.  On appeal, Peden argues that (1) the evidence is insufficient to support his attempted first degree murder conviction; (2) the trial court erred in denying his motions to suppress evidence seized in violation of his Fourth, Fifth, and Sixth Amendment rights; and (3) improperly sentenced him as a Range III, career offender.  Upon review, we affirm the judgment of the trial court.