Case Number
W2001-03027-CCA-RM-CD
A Shelby County jury convicted the Defendant of attempted aggravated burglary, and this Court affirmed the conviction on direct appeal. The Tennessee Supreme Court remanded the case to this Court solely to consider whether the trial court's failure to instruct on certain lesser-included offenses was "plain error," thus warranting review despite the Defendant's failure to timely file his motion for new trial. On remand, we conclude that the trial court's failure to instruct on the lesser-included offenses in this case was not "plain error." Accordingly, we affirm the judgment of the trial court.
Originating Judge
Judge W. Fred Axley
Case Name
State of Tennessee v. Reginald Terry
Date Filed
Dissent or Concur
No
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