State of Tennessee v. Arthur McKinnie

Syllabus

The Defendant, Arthur McKinnie, was indicted for attempted first degree murder, a Class A felony aggravated assault, a Class C felony employment of a firearm during the commission of a dangerous felony, a Class C felony reckless endangerment with a deadly weapon, a Class E felony and tampering with evidence, a Class C felony. See Tenn. Code Ann. §§ 39-12-101, -13-102, -13-103, -13-202, -16-503, -17-1324. The Defendant proceeded to a jury trial. The trial court granted the Defendant's motion for judgment of acquittal on the tampering with evidence charge. The jury convicted the Defendant of the lesser-included offense of attempted voluntary manslaughter, a Class D felony, and the charged offenses of aggravated assault and reckless endangerment. See Tenn. Code Ann. §§ 39-12-101, -13-211. The jury acquitted the Defendant of the employment of a firearm charge. The trial court imposed a total effective sentence of ten years. On appeal, the Defendant contends that (1) the evidence was insufficient to sustain his conviction for attempted voluntary manslaughter (2) the trial court abused its discretion in setting the length of his sentences and (3) the trial court abused its discretion in imposing partial consecutive sentences. Following our review, we affirm the judgments of the trial court.