State of Tennessee v. Jackie Lynn Foster, Jr.

Defendant, Jackie Lynn Foster, Jr., was indicted for first degree premeditated murder. Following a jury trial, Defendant was found guilty of the lesser included offense of second degree murder, a Class A felony. The trial court sentenced Defendant as a Range I, standard offender, to twenty-three years. On appeal, Defendant argues that the evidence was insufficient to support his conviction, that the trial court erred in its sentencing determinations, and that the trial court erred in its admission of certain evidence. We conclude that the evidence was sufficient to support Defendant’s conviction of second degree murder, and that Defendant waived his issue concerning the admissibility of evidence by not filing a timely motion for new trial. Although the trial court erred in applying one enhancement factor in determining the length of Defendant’s sentence, we further conclude that the sentence imposed by the trial court was justified. After a thorough review, we affirm the judgment of the trial court.