State v. Alfred Turner

Lower Court Summary
The defendant, Alfred Turner, was found guilty by a jury of the lesser included offenses of facilitation of felony murder, a Class A felony, and facilitation of second degree murder.  After merging the convictions, the trial court sentenced the defendant to twenty-five years of incarceration as a Range I, standard offender. On appeal, he argues that: insufficient evidence exists to support his conviction; a proper chain of custody for the introduction of DNA evidence was not established; the trial court erred in allowing into evidence that two other individuals had been acquitted of this murder; and the trial court erred in both jury instructions and sentencing.  After careful review, we conclude that even though sufficient evidence existed to support the defendant’s convictions, the defendant’s sentence ran afoul of Blakely and the prior acquittals of two other individuals deprived the defendant of a fair trial.  Therefore, the error requires a remand for a new trial.