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State v. Williams4/17/2002
ve initiated the confrontation with the Defendant, may have verbally threatened the Defendant, and may have followed the Defendant outside of the club following their initial argument does not constitute "strong provocation," id. § 40-35-113(2), or excuse the Defendant's conduct. See id. § 40-35-113(3); see also See State v. Bryan Lamont Murray, No. M1998-00343-CCA-R3-CD, 1999 Tenn. Crim. App. LEXIS 1201, at *17-18 (Tenn. Crim. App., Nashville, Dec. 7, 1999). The Defendant escalated the conflict between him and the victim by drawing a gun and firing it at the victim. See State v. Baxter, 938 S.W.2d 697, 706 (Tenn. Crim. App. 1996). Furthermore, although some testimony was presented at trial that the victim reached for a gun immediately prior to the shooting, the jury apparently discredited this testimony when it rejected the Defendant's argument of self-defense. See State v. Maurice Garner, No. 02C01-9508-CR-00223, 1997 Tenn. Crim. App. LEXIS 426, at *21 (Tenn. Crim. App., Jackson, May 19, 1997). We find no other grounds to justify the Defendant's use of deadly force on the night of the crime.
III. CONCLUSION
Because we conclude that sufficient evidence was presented to support the jury's verdict, we AFFIRM the Defendant's conviction. However, because the trial court erred in sentencing the Defendant, we REVERSE the sentence and REMAND the case to the trial court solely for the purpose of re-sentencing the Defendant in accordance with this opinion. The trial court shall sentence the Defendant based upon the principles set forth in this opinion, and without the presentation by the parties of additional evidence.
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