State of Tennessee v. Leslie Brian Willis

Following the reversal of his first degree felony murder conviction due to insufficient evidence to support the predicate felony, the defendant, upon remand, was convicted by a jury of second degree murder. On this appeal, he raises the following issues: (1) Whether the evidence was sufficient to sustain a conviction for second degree murder; (2) Whether second degree murder is a lesser included offense of first degree felony murder; (3) Whether the trial court erred in allowing the State to recall witness William Alley during its case in chief; (4) Whether the trial court erred in allowing the testimony of TBI Agent Mike Breedlove, in violation of Tenn. R. Crim. P. 404(b), that the defendant threatened to break his neck; and (5) Whether the trial court erred in sentencing the defendant to the maximum twenty-five years. We affirm the defendant's conviction for second degree murder.