State of Tennessee v. Johnny Jenkins

Shelby County grand jury indicted the defendant, Johnny Jenkins, for second degree murder (Count 1), employing a firearm during the commission of a dangerous felony as related to Count 1 (Count 2), attempted second degree murder (Count 3), and employing a firearm during the commission of a dangerous felony as related to Count 3 (Count 4). After trial, a jury convicted the defendant of employing a firearm in Counts 2 and 4, voluntary manslaughter in Count 1, and attempted voluntary manslaughter in Count 3. Upon the defendant’s motion for new trial, the trial court dismissed Count 2 but upheld his remaining convictions. The defendant now challenges the sufficiency of the evidence supporting his convictions and several rulings of the trial court relating to the admission of evidence and jury instructions. Based upon our review of the record, we reverse and vacate the defendant’s conviction in Count 1 for voluntary manslaughter. However, because the proof is sufficient to support the lesser-included offense of reckless homicide, which was charged to the jury, we remand this matter to the trial court for entry of an amended judgment reflecting a conviction for reckless homicide and for resentencing on this modified conviction. The defendant’s convictions for attempted voluntary manslaughter in Count 3 and employing a firearm in Count 4 are affirmed. Accordingly, the trial court’s judgments are affirmed in part and reversed in part, and the case is remanded for a new sentencing hearing.