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State v. Banks

Court of Criminal Appeals of Tennessee, Jackson

August 17, 2017

STATE OF TENNESSEE
v.
CALVIN BANKS

          Assigned on Briefs August 1, 2017

         Appeal from the Criminal Court for Shelby County No. 14-03645 Carolyn W. Blackett, Judge

         A Shelby County jury convicted the Defendant, Calvin Banks, of first degree premeditated murder and the trial court imposed a sentence of life. On appeal, the Defendant asserts that the evidence supporting his conviction is insufficient because the State failed to establish premeditation. After review, we affirm the trial court's judgment.

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

          Seth M. Segraves, Memphis, Tennessee, for the appellant, Calvin Banks.

          Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Paul Hagerman, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which James Curwood Witt, Jr., and Timothy L. Easter, JJ., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         I. Facts

         This case arises from a dispute between acquaintances that resulted in the shooting death of the victim, Terrence Davis. A Shelby County grand jury indicted the Defendant for first degree premeditated murder and for being a convicted felon in possession of a firearm. At trial, the parties presented the following evidence: William Bryson, a Memphis Police Department ("MPD") officer, testified that, on March 6, 2014, at approximately 2:45 a.m., he responded to a call about a gunshot wound at Methodist North Hospital. After speaking with hospital security, Officer Bryson spoke with the Defendant, who told him that he was involved in a "drug deal in the Greenbrier [Apartments] that went bad." The Defendant claimed that the individual shot him in the foot.

         Officer Bryson testified that Officer Jenkins interviewed the Defendant's girlfriend, Lavinceia Allen, who was also at the hospital. She provided a story inconsistent with the Defendant's version of how he was shot. Officer Bryson spoke with the Defendant again due to the inconsistencies. The Defendant retracted his earlier statement and said that he shot himself in the foot with his own gun. He told Officer Bryson that the gun was in the trunk of his girlfriend's car. During this time, Officer Bryson confirmed with detectives in his office that the Defendant was a convicted felon. Ms. Allen, gave consent for officers to search her vehicle for the gun. Officer Bryson testified that the gun was located in and collected from the trunk of Ms. Allen's car.

         Alphonso Jenkins, an MPD officer, testified that he spoke with Ms. Allen at Methodist North Hospital in the early morning hours of March 6, 2014. Ms. Allen stated that she and the Defendant had been robbed and during the course of the robbery, the Defendant was shot in the foot. Officer Jenkins confirmed that Ms. Allen gave consent to search her vehicle.

         Eric Hutchison, an MPD officer, testified that he collected a loaded .380 Larson automatic gun from the trunk of Ms. Allen's car, a Toyota Camry, on March 6, 2014, at Methodist North Hospital.

         The parties stipulated that the Defendant was a convicted felon. The Defendant was convicted on May 17, 2012, of ...


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