State of Tennessee v. Gary E. Floyd

Syllabus

The Defendant, Gary E. Floyd, was indicted on one count of attempted first degree murder, a Class A felony and one count of employment of a firearm during the commission of a dangerous felony, a Class C felony. See Tenn. Code Ann. §§ 39-12-101, -13-202, -17-1324. Following a jury trial, the Defendant was convicted of employment of a firearm during the commission of a dangerous felony and the lesserincluded offense of attempted second degree murder, a Class B felony. See Tenn. Code Ann. §§ 39-12-101, -13-210. The trial court imposed a total effective sentence of fourteen years. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for attempted second degree murder (2) that the State withheld exculpatory evidence (3) that the trial court failed to instruct the jury on the lesser-included offenses of attempted voluntary manslaughter and possession of a firearm with the intent to go armed during the commission of a dangerous felony (4) that the trial court committed several errors when instructing the jury on self-defense and (5) that he is entitled to a new trial based upon cumulative error. Following our review, we affirm the judgments of the trial court.