The Defendant, Wesley M. Gifford, Jr., was convicted by a jury of attempted aggravated burglary, telephone harassment, and indecent exposure. Following a sentencing hearing, the trial court imposed concurrent terms of three years and six months for the attempted aggravated burglary conviction and eleven months and twenty-nine days for the telephone harassment conviction. This effective sentence was also to run consecutively to his prior sentences. In this direct appeal, the Defendant contends that: (1) the trial court erred in failing to grant a mistrial when a witness testified that the Defendant previously had been in jail; (2) the trial court erred in allowing admission of evidence of the Defendant’s prior bad act; (3) the trial court erred in not instructing the jury on the issue of alibi; (4) the evidence was insufficient to support his convictions; and (5) cumulative errors entitle him to a new trial. After a thorough review of the record and applicable law, we affirm the judgments of the trial court.
Case Number
M2013-00253-CCA-R3-CD
Originating Judge
Judge Thomas W. Graham
Case Name
State of Tennessee v. Wesley M. Gifford, Jr.
Date Filed
Dissent or Concur
This is a dissenting opinion
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