State of Tennessee v. Donavous Drennon

Defendant, Donavous Drennon, was indicted with one count of second degree murder in Count 1, one count of aggravated assault resulting in death in Count 2, one count of tampering with evidence in Count 3, two counts of possessing a handgun after being convicted of a felony drug offense in Counts 4 and 5, and two counts of employing a firearm during the commission of a dangerous felony after being convicted of a dangerous felony in Counts 6 and 7. Prior to trial, the trial court merged Count 5 into Count 4 and bifurcated Counts 6 and 7. After trial, a jury acquitted Defendant on Counts 1 and 2 but convicted him on Counts 3 and 4, and the trial court dismissed Counts 6 and 7. On appeal, Defendant argues that (1) the trial court committed plain error by improperly implying to the jury that the defense of self-defense did not apply to Defendant’s charge of possessing a handgun after being convicted of a felony drug offense; (2) the Double Jeopardy Clause of the United States Constitution prevents retrial upon reversal of his conviction for the same; and (3) the evidence was insufficient to sustain his conviction for tampering with evidence. After review, we dismiss Defendant’s appeal.