State of Tennessee v. Robert Bevis, Jr. a/k/a Butch Bevis

A Dyer County Circuit Court jury convicted the Defendant, Robert Bevis, Jr., of two counts
of attempted first degree premeditated murder and one count of employing a firearm during
the commission of a dangerous felony, and the trial court imposed concurrent sentences of
thirty-five years at eighty-five percent for the attempted murder convictions and a
consecutive ten-year sentence at one hundred percent for the firearm conviction. On
appeal, the Defendant argues: (1) the trial court failed to declare a mistrial in response to
numerous outbursts by the victims’ families; (2) the evidence is insufficient to sustain his
convictions; (3) the trial court erred in overruling the defense’s objection when the
prosecutor misrepresented evidence during closing argument; and (4) the trial court erred
in failing to instruct the jury on voluntary intoxication and attempted first degree murder
without serious bodily injury. After review, we affirm the judgments of the trial court but
remand the case for entry of a corrected judgment in Count 4 to reflect the accurate
conviction offense of employing a firearm during the commission of a dangerous felony.