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State v. Reed6/25/2002
efendant knowingly killed the victim.
Alternatively, the defendant argues that even though the jury concluded that he acted knowingly, he should have been convicted of voluntary manslaughter instead of second degree murder because he killed the victim as a result of the victim's provocation. The defendant highlights evidence showing that he was infuriated with drug dealers and that the victim's signal to him that he had drugs for sale was an act of provocation sufficient to sustain a conviction for voluntary manslaughter. However, the transcript of the trial reflects that the jury was instructed on the elements of first degree murder and the elements of the lesser-included offenses of second degree murder, voluntary manslaughter, reckless homicide, and criminally negligent homicide. Thus, the jury had the option of convicting the defendant of the lesser-included offense of voluntary manslaughter but chose to convict him of second degree murder. In making this decision, the jury rejected the defendant's argument that he shot the victim in an act of passion resulting from adequate provocation. The jury had every right to reject this argument. See State v. Williams, 38 S.W.3d 532, 539 (Tenn. 2001) (citing State v. Johnson, 909 S.W.2d 461, 464 (Tenn. Crim. App. 1995); Wilson v. State, 574 S.W.2d 52, 55 (Tenn. Crim. App. 1978)). Based on the evidence in the record and considering the evidence in a light most favorable to the State, we conclude that a rational trier of fact could have found the elements of second degree murder beyond a reasonable doubt. The evidence is sufficient to support the defendant's conviction for second degree murder.
CONCLUSION
Based on the foregoing reasoning and authorities, we conclude that there was more than sufficient evidence to convict the defendant of second degree murder, and affirm the judgment of conviction.
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