State of Tennessee v. Calvin Fleming

The Defendant, Calvin Fleming, was convicted of attempted first degree murder and aggravated assault. The Defendant was sentenced, as a career offender, to an effective sentence of sixty years. On appeal, the Defendant contends that: (1) the trial court erred when it admitted photographs of the victim’s wounds into evidence because the State failed to authenticate them; (2) the evidence presented at trial was insufficient to support the Defendant’s convictions for attempted first degree murder because there was no proof of premeditation; and (3) his convictions for attempted first degree murder and aggravated assault violate constitutional principles of double jeopardy. Following our review, we affirm the judgment of the trial court as to the attempted murder, but we reverse the judgment as to the aggravated assault because the aggravated assault should have been merged into the attempted murder. Thus, we remand the case for the trial court to enter a judgment consistent with this opinion.