State of Tennessee v. David Orlando Avinger

Appellant, David Orlando Avinger, was indicted by a Davidson County grand jury for first degree premeditated murder, first degree felony murder, and especially aggravated robbery.  After a jury trial, Appellant was convicted of the lesser included offense of second degree murder, as well as the charged offenses of felony murder and especially aggravated robbery.  The trial court merged the convictions for second degree murder and felony murder, and Appellant was sentenced to an effective life sentence.  On appeal, Appellant challenges the sufficiency of the convicting evidence and alleges that the trial court impermissibly limited defense counsel’s cross-examination of a witness.  After reviewing the record, we find that the evidence was sufficient to convict Appellant and that there was no error in the ruling of the trial court related to the limitation of the witness’s testimony.  Accordingly, we affirm the judgments of the trial court.