State of Tennessee v. Torius Saville Russell

Defendant, Torius Saville Russell, was indicted for one count of first degree felony murder, one count of attempted first degree murder, eight counts of aggravated assault, and one count of reckless endangerment. After the State closed its proof in chief, the trial court dismissed the attempted first degree murder count and partially dismissed the first degree felony murder count, allowing the jury to consider the lesser included offense of second degree murder. Defendant was convicted of second degree murder as a lesser included offense of felony murder, eight counts of aggravated assault, and one count of reckless endangerment. Defendant received a total effective sentence of 50 years. Defendant argues on appeal that: (1) the evidence at trial was insufficient to establish Defendant’s identity as the shooter; (2) the trial court erred in partially granting Defendant’s motion for judgment of acquittal as to first degree felony murder and allowing the State to pursue a lesser included offense; (3) the trial court abused its discretion in denying Defendant’s motion for mistrial after the State’s witness made two hearsay statements; and (4) the trial court abused its discretion in imposing a sentence of 40 years for second degree murder and in ordering the second degree murder sentence to be served consecutively to his sentences for aggravated assault and reckless endangerment. After a thorough review of the record and applicable authorities, we affirm Defendant’s convictions and sentences.