State of Tennessee v. Spencer Peterson

Based on his participation in a home invasion and robbery that resulted in the death of a victim, the defendant, Spencer Peterson, was charged by the Shelby County Grand Jury in thirteen separate indictments with one count of first degree premeditated murder; two counts of first degree felony murder; two counts of attempted first degree murder; eight counts of aggravated robbery; one count of aggravated burglary; three counts of attempted especially aggravated robbery; and two counts of attempted aggravated robbery. The indictments were consolidated for trial, at the conclusion of which the defendant was convicted of all counts as charged with the exception of the first degree murder and attempted first degree murder counts, in which he was convicted, respectively, of the lesser-included offenses of second degree murder, a Class A felony; and attempted second degree murder, a Class B felony. After merging the three second degree murder convictions and the separate convictions of aggravated robbery involving the same victim, the trial court sentenced the defendant as a Range I offender to consecutive terms of twenty years for the second degree murder conviction and eight years for each of the four aggravated robbery convictions. The trial court ordered concurrent sentences for the remaining convictions, for an effective sentence of fifty-two years in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence for his second degree murder conviction; the denial of his motion to suppress his statement to police; the admission at trial of photographs of the victim; the propriety of the jurors having been allowed to directly question trial witnesses; and the consecutive sentencing imposed. We affirm the judgments of the trial court but remand for entry of corrected judgments as to certain of the offenses and for the trial court to set out its basis for consecutive sentencing.