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State v. Fuller

Court of Criminal Appeals of Tennessee, Jackson

November 15, 2016

STATE OF TENNESSEE
v.
YTOCKIE FULLER aka YTEIKIE WASHINGTON

          Assigned on Briefs April 12, 2016

         Appeal from the Circuit Court for Madison County No. 14399 Roy B. Morgan, Jr., Judge

         The defendant, Ytockie Fuller aka Yteikie Washington, was convicted of first degree murder, Tenn. Code Ann. § 39-13-202, and possession of a firearm after a felony conviction, Tenn. Code Ann. § 39-17-1307(b)(1)(A). On appeal, the defendant challenges the sufficiency of the evidence supporting the first degree murder conviction arguing that the State failed to prove premeditation. Additionally, the defendant contends that statements made by the victim in a recorded telephone call prior to his death were inadmissible hearsay and that the State's multiple playing of the recording served to inflame the jury. After our review, we conclude that the defendant's arguments are without merit. Accordingly, we affirm the judgments of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed

          Stephen M. Milam, Lexington, Tennessee, for the appellant, Ytockie Fuller.

          Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Jerry Woodall, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which Alan E. Glenn and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE

         FACTS

         On March 11, 2014, Aljernon Lloyd, Jr. died after being shot in the face by the defendant in Jackson, Tennessee. Prior to the shooting, the victim took his companion, Katherine Dickerson, and her daughter shopping in his car. The three ended the shopping trip at Ms. Dickerson's house in Jackson. Before arriving at the house, the victim received a telephone call from Steve McCorry. Because Mr. McCorry was an inmate with the Illinois Department of Corrections, the phone call was recorded.

         Once at home, Ms. Dickerson began unloading the shopping bags while the victim continued his conversation with Mr. McCorry in the car. The defendant soon pulled up to Ms. Dickerson's house in a green Ford Explorer. The defendant briefly interacted with Ms. Dickerson's daughter before telling Ms. Dickerson to take her daughter inside so that he could "holler" at the victim. The defendant and Ms. Dickerson began to argue. She told the defendant that he did not need to speak with the victim. The defendant got angry and told her to "shut the f**k up." Ms. Dickerson responded in kind, and the defendant yelled: "You think I'm something to play with?" By this time, the defendant had pulled out a gun that had been concealed on his hip and was standing by the driver's side door of the victim's car.

         The victim was sitting in the driver's seat of his car, unarmed. As the defendant approached him, the victim stopped his conversation with Mr. McCorry. The victim said: "Hold up, this man's got a pistol." The victim tried to explain to the defendant that he was "giving the baby a ride." However, the defendant called the victim a "punk a** n*****" and shot the victim in the face. Ms. Dickerson did not see the defendant pull the trigger, but she did hear the gunshot. The defendant dropped the gun and fled the scene in the green Ford Explorer.

         After being shot, the victim drove in the direction to Jackson-Madison County General Hospital which was close to Ms. Dickerson's house. However, he lost control of his car and crashed into a house located less than a mile from the Dickerson residence. The bullet had pierced the victim's right external carotid artery.

         The State provided testimony from officers who investigated the scene of the shooting and the scene of the subsequent car accident. At the accident scene, officers found the victim surrounded by blood and slumped over into the passenger's side of the car. However, neither the responding officers nor the paramedics saw any signs of life from the victim at the scene. The victim was ...


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