State of Tennessee v. Demetrice Livingston

The Defendant, Demetrice Livingston, was convicted by a Dyer County Circuit Court jury
of second degree murder and was sentenced by the trial court as a Range I offender to
twenty years at 100% in the Department of Correction, to be served consecutively to his
sentence in a drug case for which he had been sentenced to probation. The Defendant
raises three issues on appeal: (1) whether the evidence was sufficient to sustain his
conviction; (2) whether the trial court imposed an excessive sentence; and (3) whether the
State made an improper closing argument by referencing facts not in evidence and making
a comment that impermissibly bolstered the testimony of a State’s witness. Based on our
review, we affirm the judgment of the trial court but remand for the trial court to enter an
amended judgment imposing a concurrent sentence.