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State v. Wilson8/2/2001
The Defendant, Daniel Wade Wilson, appeals as of right his convictions for second degree murder, first degree felony murder and especially aggravated robbery in the Sullivan County Criminal Court. The trial court merged the second degree murder conviction into the felony murder conviction, and the jury sentenced the Defendant to life imprisonment for the felony murder. The trial court sentenced the Defendant to twenty-three (23) years for the especially aggravated robbery conviction. The sentences were ordered to run consecutively. The Defendant raises the following four issues in this appeal: 1) whether the trial court erred in failing to charge all applicable lesser- included offenses; 2) whether the trial court erred in failing to instruct the jury on the natural and probable consequences rule; 3) whether the evidence was sufficient to sustain Defendant's convictions for first degree felony murder and especially aggravated robbery; and 4) whether the trial court erred in sentencing the Defendant. The judgment of the trial court is hereby affirmed in part and reversed in part, and remanded to the trial court for a new trial on the felony murder charge in Count II and the especially aggravated robbery charge in Count III of the indictment. The case is further remanded for sentencing on the second degree murder conviction in Count I of the indictment.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed in Part and Reversed in Part; Remanded For New Trial and Re- Sentencing
Thomas T. Woodall, J., delivered the opinion of the court, in which Gary R. Wade, P.J., and Jerry L. Smith, J., joined.
OPINION
FACTS
On the evening of April 4, 1999, Defendant, Brandon Alford, and Jared Christein were driven to a mountainous and wooded area called Big Creek, in Bristol, Tennessee by Susan Lingerfelt. While in Big Creek, the three men shared two twelve-packs of bottled Natural Ice beer. The three gathered some firewood, started a fire and sat around drinking beer and smoking marijuana. The Defendant, who had a knife, used it to kill frogs and cook them for food over the fire. The men stayed at Big Creek until approximately 1:30 a.m., as Susan Lingerfelt had not returned to take them home. After some time, a white Toyota Celica drove up to the area where they were sitting. Inside the car was Kim Bolling and the victim, David Vestal. Brandon Alford knew Ms. Bolling from high school, and asked her to give them a ride. Ms. Bolling responded that she was low on gas. The Defendant agreed to purchase gas for Bolling and the victim, if they would give the men a ride down the mountain. Bolling agreed.
The Defendant, Alford and Christein rode in the back of the car, while the victim drove and Bolling sat in the front passenger seat. The victim, who was highly intoxicated, drove very "crazy and wild." Everyone became upset with the victim's driving and warned him to slow down or they would "kick his butt." At some point, the car became stuck on a bridge as they were driving down the mountain, and Alford, the Defendant and Christein had to push the car back on to the road. The victim continued to drive until they reached the end of the gravel road in the mountains, when Bolling took over the driving. Brandon Alford testified that, during the drive down, he overheard the Defendant and Christein talking about "kicking the victim's butt" and taking his wallet.
At some point, Bolling stopped at a convenience store in Bristol to buy some gas. The victim went in to purchase the gas, but forgot the gas and bought cigarettes, oil and a six pack of bottled Busch beer instead. Alford testified that, while the victim was in the store,
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