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State v. Reid7/20/2001
The defendant, Anthony Reid, was convicted by a Bradley County jury of first degree felony murder and especially aggravated robbery, Class A felonies, aggravated robbery, a Class B felony, attempted aggravated robbery, a Class C felony, and evading arrest, a Class E felony. Thereafter, the trial court sentenced Defendant to life imprisonment for his first degree murder conviction, twenty-five years for his especially aggravated robbery conviction, ten years for his aggravated robbery conviction, six years for his attempted aggravated robbery conviction, and two years for evading arrest. The trial court further ordered Defendant's sentence for life imprisonment to be served consecutively to his other four sentences, which were ordered to be served concurrently with each other, for an effective sentence of life plus twenty-five years. On appeal, Defendant contends that his convictions cannot stand because the State failed to comply with the mandatory procedures concerning proper presentation and filing of the indictment in his case as required by statute, and the trial court erred by refusing Defendant's request for a mistrial after the State improperly solicited testimony concerning the fact that Defendant invoked his right to remain silent upon arrest. Defendant also alleges that the trial court erred by imposing consecutive sentences. Following a review of the record, we affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed.
Thomas T. Woodall, J., delivered the opinion of the court, in which Gary R. Wade, P.J., and Jerry L. Smith, J., joined.
OPINION
I. Facts
On May 22, 1998, Lebron Hensley, a patrolman for the Cleveland Police Department, received a report that a shooting had occurred at the apartment complex located at 580 Dooley Street in the city of Cleveland.
The first officer to arrive at the scene, Hensley observed two gunshot victims on a balcony of one of the apartments. One victim was sitting in a chair and bleeding from the head. The other was lying on the floor face down in a pool of blood. Hensley immediately checked their condition. The victim in the chair was conscious but unresponsive--he was leaning over with his face in his hands and appeared to have been shot somewhere in the head. The victim on the ground exhibited no vital signs at all. Within a matter of minutes, the ambulance and additional officers arrived at the scene. The victims on the balcony were later identified as Kenneth Blair and Charles Massengill. Blair was the victim on the ground, and Massengill was seated in the chair. Hensley did not see any other victims at that time.
Barry Snyder, a paramedic working for Bradley County EMS, was a member of the emergency medical team called to the crime scene. When Snyder arrived, he found Massengill sitting in a chair with his head in his hands and what appeared to be a gunshot wound to his right eye.
Another gunshot victim, Blair, was lying on the floor. Blair had been shot in the head and was in worse shape than Massengill. The medical team placed Massengill and Blair on backboards and then into the ambulance. By that time, Blair was in cardiac arrest. They performed CPR, but Blair died after arriving at Erlanger Hospital. Later that same day, the EMS team was called back to 580 Dooley Street to transport a third victim of the incident, Marcus Williams, to Bradley Memorial Hospital. Williams had complained earlier of a pain in his lower back and, upon closer inspection, it turned out that he had a bullet lodged in it.
Sergeant Randy Gates, an officer with the Cleveland Police Department, testified that h
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