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State v. Woods

Court of Criminal Appeals of Tennessee, Jackson

June 29, 2017


          Assigned on Briefs April 11, 2017

         Appeal from the Criminal Court for Shelby County No. 14-03680 Paula L. Skahan, Judge

         The defendant, Darin Woods, was indicted for attempted first degree murder (Count 1), aggravated robbery (Count 2), attempted aggravated robbery (Count 3), and employing a firearm during a dangerous felony (Count 4). A jury convicted the defendant of the crimes as charged in Counts 2-4, but found him guilty of the lesser-included offense of attempted second degree murder in Count 1. On appeal, the defendant challenges the sufficiency of the evidence supporting his attempted second degree murder conviction, arguing the State failed to prove he acted "knowingly" in shooting his victims. The defendant also challenges the trial court's imposition of consecutive sentencing. The State contends sufficient evidence exists to show the defendant "knowingly" shot his victims, and argues consecutive sentencing was warranted in this case. After our review, we affirm the judgments of the trial court.

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

          Charles Gilchrist, Jr., Memphis, Tennessee, for the appellant, Darin Woods.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Pam Stark and Sam Winnig, Assistant District Attorneys General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which Alan E. Glenn and Timothy L. Easter, JJ., joined.


          J. ROSS DYER, JUDGE.


         On April 18, 2014, the defendant participated in the robbery of twin brothers, Devin and Dedrick Bradley.[1] In the course of the robbery, the defendant fired gunshots at both victims, shooting Devin in the back. For the crimes against Devin, the defendant was charged with attempted first degree murder, attempted aggravated robbery, and employing a firearm during a dangerous felony. For the crimes against Dedrick, the defendant was charged with aggravated robbery.

         The above crimes occurred after a chance encounter between Dedrick and the defendant's cousin, Rodney Fleming, at the GameStop store located on Austin Peay Highway in Shelby County, Tennessee. Prior to the robbery and shooting, Dedrick asked Devin to drive him to GameStop so he could purchase a PlayStation 4. Devin agreed, but waited in the parking lot of the store while Dedrick went inside to make his purchase. Separately, but at the same time, Fleming entered GameStop. While Fleming was inside, the defendant and Sanders Malone, another cousin of the defendant, waited in the parking lot in Malone's grey Jeep.

         Inside GameStop, Fleming learned Dedrick wanted to purchase a PlayStation 4, and offered to sell him one at a better price than the store. Fleming showed Dedrick pictures of the proposed PlayStation 4 on his cell phone, and Dedrick agreed to buy it and a television. The two men walked out of the store, and approached Malone's grey Jeep, along with Devin. Fleming told Malone to exchange cell phone numbers with Dedrick, and the two groups agreed to meet at the Raleigh Community Center in order to complete the transaction.

         The Bradley brothers drove to the community center and waited for the defendant's group to arrive with the PlayStation 4 and television. Fifteen minutes later, Fleming called the brothers and asked them to meet him at Ashton Hills Apartments because "he couldn't fit everything in the car." The brothers saw Malone leaving in his grey Jeep as they entered the apartment complex. As the vehicles passed one another, Malone told the brothers Fleming and the defendant were "in the way back."

         Once in the back of the apartment complex, the brothers got out of the car and approached Fleming. Devin noticed the defendant, wearing a hoodie, "sitting on a porch . . . just chilling." Fleming asked for the money for the PlayStation 4 and television, and Dedrick took $300.00 out of his pocket. As Dedrick removed the money from his pocket, the defendant pulled down his hoodie, and "upped the gun" on the brothers. Both Fleming and the defendant began telling the brothers to "drop it off, " or to give them their money. While still pointing the gun at the brothers, the defendant "patted [Devin] down, " and demanded his car keys. Fleming told the brothers to lie on the ground, but the brothers refused. Instead, they ran in different directions, and the defendant began shooting at them. One of the bullets hit Devin in the back. At trial, ...

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