State of Tennessee v. Octavius Flynn and Derrick Benson

Syllabus

The Defendants, Octavius Flynn and Derrick Benson, appeal their convictions for second degree murder and their respective sentences of twenty-five and twenty-four years. On appeal, the Defendants argue, either individually or collectively, that (1) the trial court erred in denying their motions to sever (2) a witness's identification of Mr. Flynn in a photographic array was unreliable and should have been suppressed (3) the evidence was insufficient to support the convictions (4) the trial court erred in denying Mr. Flynn's motion to dismiss due to spoliation of evidence (5) the jury failed to follow the trial court's instructions and improperly compromised on a verdict of second degree murder and (6) the sentences are excessive. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court.