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State v. Bush4/14/2004
during Tigg's first interview, Tigg stated that Cordell Nelson participated in the robbery and shot Mr. Lopez. He said that during the second interview, Tigg stated that Nelson was not present and that the defendant used the pistol during the crimes. He said that he also interviewed Michael May and that at first, May denied knowing anything about the robbery. He said that May later admitted being at the robbery and carrying the shotgun.
Detective Goodwin testified that he interviewed the defendant on July 31 and that the defendant told him the following: The defendant loaned May a shotgun, and May drove a blue car to Mr. Lopez's house while the defendant followed in the Astro van. The defendant pointed out Mr. Lopez's house to May, and the defendant saw May, Tigg, and the two Hispanic men run inside the home. The defendant heard the men yelling about "deniro," and the two Hispanic men came out of the house carrying a stereo and other items. Detective Goodwin testified that the defendant told him he could find the 9mm pistol in an apartment at the Greystone Apartment complex. He said that after he recovered the weapon from that apartment, he interviewed Cordell Nelson and Nelson admitted leaving the pistol there. He said the police found a bullet in the mattress in Mr. Lopez's bedroom and a shell casing. He said he sent both to the Tennessee Bureau of Investigation (TBI) for testing. He acknowledged that at the defendant's preliminary hearing, Mr. Lopez identified May as the shooter. He said, though, that May and the defendant were about the same height and build. He also said that at the time of the robbery, the defendant's hair was longer than May's hair but that at the preliminary hearing, the defendant's hair was shorter than May's hair.
On cross-examination, Detective Goodwin testified that May's and the defendant's facial features did not change from the time of the robbery to the preliminary hearing. He acknowledged that at the preliminary hearing, Mr. Lopez testified that he could see the shooter's facial features through the pantyhose.
Dinnah Caluag from the TBI firearms investigation laboratory testified that she received live rounds, a shell casing from a spent bullet, a bullet, and a 9mm pistol for testing. She said she examined the pistol, test fired it, and compared the test bullet to the bullet and shell casing found at the crime scene. She concluded that the bullet and the casing came from the pistol. On cross-examination, she acknowledged that the gun had to be hand-loaded but that she did not test any of the live rounds for fingerprints. She said the TBI also was not asked to test the gun for fingerprints. The jury convicted the defendant of especially aggravated robbery and aggravated burglary against Mr. Lopez and aggravated assault against Angel Lopez-Moralez.
I. SUFFICIENCY OF THE EVIDENCE
The defendant claims that the evidence is insufficient to support his convictions. Regarding his especially aggravated robbery conviction, he contends that the evidence is insufficient because the proof did not show that he took any property from Mr. Lopez or that Mr. Lopez suffered serious bodily injury. Regarding all of his convictions, he claims that the evidence is insufficient because May and Tigg exaggerated his role, if any, in the crimes and were biased against him. The state claims that the evidence is sufficient. We agree with the state.
Our standard of review when the defendant questions the sufficiency of the evidence on appeal is "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jack
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