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State v. Blackburn10/19/2001
The defendant appeals his convictions for first degree premeditated murder, first degree felony murder, and aggravated robbery. He contends that (1) insufficient evidence exists to support his convictions; (2) the trial court erred by not allowing into evidence the guilty plea of co-defendant Dickerson; (3) the trial court erred by not allowing into evidence statements made by co-defendant Dickerson; and (4) the trial court erred in ordering consecutive sentences. After review, we affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
John Everett Williams, J., delivered the opinion of the court, in which Jerry L. Smith and Norma McGee Ogle, JJ., joined.
OPINION
The defendant, Michael Blackburn, was indicted by the Franklin County Grand Jury on one count of first degree premeditated murder, one count of first degree felony murder, and on one count of aggravated robbery. After a jury trial, the defendant was found guilty on all three counts. The trial court merged the two murder convictions and sentenced the defendant to life imprisonment. On February 9, 1999, the trial court conducted a sentencing hearing for the aggravated robbery conviction. At the conclusion of the hearing, the trial court sentenced the defendant to twenty years in the Department of Correction consecutive to the life sentence for first degree murder.
The defendant now appeals and contends that (1) insufficient evidence exists to support his convictions; (2) the trial court erred by not allowing into evidence the guilty plea of co-defendant Dickerson; (3) the trial court erred by not allowing into evidence statements made by co-defendant Dickerson; and (4) the trial court erred in ordering consecutive sentences. After review, we affirm the judgment of the trial court.
Facts
At trial, the State called Coffee County Sheriff's Deputy Brian Allen. On August 14, 1996, Deputy Allen was working the midnight shift when the defendant came in around 12:15 a.m. to report a drowning at the Turkey Creek boat ramp. The defendant reported to him that he, co-defendant Tommy Dickerson, and victim David Singer were at the boat ramp that evening. According to the defendant, co-defendant Dickerson and the victim started arguing and co-defendant Dickerson hit the victim in the face, which knocked the victim into the water. He told Deputy Allen that he tried to help the victim, but that co-defendant Dickerson ordered him back into the truck, threatening him that he would be next if he did not comply. He said that the victim never resurfaced. He told Deputy Allen that they then took the victim's truck to Tullahoma. Because the Turkey Creek boat ramp is in Franklin County, Deputy Allen notified the authorities there.
The State called Deputy Earl Morse of the Franklin County Sheriff's Department, who was dispatched to meet the defendant at the boat ramp, to testify. Deputy Morse observed an article of clothing in the water. He testified that the defendant told him that he, Dickerson, and the victim were hanging out around the boat dock when the victim went down on the dock. The defendant claimed that he told Dickerson that he needed to go home because he had to be up early for work. According to the defendant, Dickerson then went onto the dock and began "messing" with the victim. The two began arguing and the defendant said he saw "a motion come around," heard a "smack," and something then hit the water. The defendant said he then turned on the truck headlights.
The defendant further told Deputy Morse that Dickerson said, "He ain't come up yet," and then, "Let's go, he's dead. Get in the
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