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STATE v. GUNN

Court of Criminal Appeals of Tennessee. at Jackson
Jan 31, 1996
No. 02C01-9505-CR-00121 (Tenn. Crim. App. Jan. 31, 1996)

Opinion

No. 02C01-9505-CR-00121.

January 31, 1996.

SHELBY COUNTY, HON. ARTHUR T. BENNETT, JUDGE, (Reckless Endangerment).

FOR THE APPELLANT:

A.C. Wharton, Public Defender, Teresa Jones, Assistant Public Defender, Catherine Costict, Assistant Public Defender, Walker Gwinn, Assistant Public Defender.

FOR THE APPELLEE:

Charles W. Burson, Attorney General Reporter, Clinton J. Morgan, Assistant Atty. Gen. Reporter, John W. Pierotti, District Attorney General, David Henry, Assistant District Attorney General.


AFFIRMED


OPINION

The appellant, Raven P. Gunn, was charged in a one count indictment with aggravated assault. The case was tried before a Shelby County jury which found the appellant guilty of the lesser included offense of reckless endangerment. The sole issue presented on appeal is whether the evidence was sufficient to support the conviction.

On May 15, 1993, during the course of an impromptu street party, the appellant and the victim argued over what can only be described as an apparent breach of gambling etiquette by the victim. The appellant left the scene of the argument, entered his apartment and returned to the street moments later with a nine millimeter semi-automatic pistol. The two men resumed their quarrel. The appellant pointed the gun at the victim and ultimately the victim turned to leave the scene at which point he was shot in the leg just above the ankle by the appellant.

After full consideration of the record, the briefs, and the law governing the issue presented by the appellant, we are of the opinion that the evidence is more than sufficient to support the jury verdict and that no error of law exists that would require a reversal. Therefore, we determine that the judgment of the trial court should be affirmed pursuant to Rule 20, Tenn. Ct. Crim. App.

____________________________________________________ WILLIAM M. BARKER

CONCUR:

_______________________________________________________________ JOE B. JONES, JUDGE

_______________________________________________________________ PAUL G. SUMMERS, JUDGE


Summaries of

STATE v. GUNN

Court of Criminal Appeals of Tennessee. at Jackson
Jan 31, 1996
No. 02C01-9505-CR-00121 (Tenn. Crim. App. Jan. 31, 1996)
Case details for

STATE v. GUNN

Case Details

Full title:STATE OF TENNESSEE, Appellee v. RAVEN P. GUNN, Appellant

Court:Court of Criminal Appeals of Tennessee. at Jackson

Date published: Jan 31, 1996

Citations

No. 02C01-9505-CR-00121 (Tenn. Crim. App. Jan. 31, 1996)