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02/06/98 STATE TENNESSEE v. BRIAN CHRISTIAN

STATE OF TENNESSEE, APPELLEE,
v.
BRIAN CHRISTIAN LAUTENSCHLAGER, APPELLANT.



DECATUR COUNTY HON. C. CREED McGINLEY, JUDGE (Attempted First Degree Murder and Aggravated Robbery)

The opinion of the court was delivered by: Joe G. Riley, Judge

OPINION FILED:

AFFIRMED

Defendant, Brian Christian Lautenschlager, filed this direct appeal as a result of his convictions by a Decatur County jury of the offenses of aggravated robbery and attempted first degree murder. He was sentenced to thirty (30) years as a Career Offender for the Class B offense of aggravated robbery and sixty (60) years as a Career Offender for the Class A offense of attempted first degree murder with the sentences to run consecutively. He presents the following issues for our review:

(1) whether the evidence was sufficient to support the conviction of attempted first degree murder;

(2) whether the trial court erred in refusing to compel the state to produce certain weapons;

(3) whether the trial court erred in failing to excuse jurors related to the assistant district attorney general;

(4) whether the trial court erred in not allowing the defendant to testify as to certain statements made by a co-defendant; and

(5) whether the sentences imposed by the trial court were proper.

After a careful review of the record, we affirm the judgment of the trial court.

FACTS

At approximately 10:00 p.m. on October 19, 1995, the defendant, along with Diane Brown and Charlie Davis, entered the Sportsman Club in Decatur County. The victim, Dennis White, was the operator of the establishment and was the only other person present at that time. While Brown and Davis were playing pool, defendant stated he was going outside to get a pool stick.

Defendant re-entered the establishment armed with a sawed-off shotgun. Defendant pointed the shotgun at White's head from only a few feet away and demanded money. White predictably complied by placing approximately $500 from the cash register onto the bar and pleaded with the defendant, "There's no need to kill me... I've got two (2) kids at home... I don't even know you." The defendant replied, "Yeah, you know me. My name is Chris." The defendant then smiled at White and fired the shotgun at him. White dodged, causing the primary shotgun pattern to miss him; however, part of the blast left a flesh wound on his left shoulder and "blowed [his hat] over the back of head." White then secured his own pistol causing defendant to flee the building. While outside, White wounded Brown and observed the defendant retrieve a pistol from an automobile. White fled. Defendant then fired two (2) or three (3) shots, and White was hit in the right leg while he was running away. White eventually made it to the safety of a neighbor's home.

The defendant, Brown, and Davis subsequently fled to Florida and then to California where defendant's grandmother resided. All ...


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