State of Tennessee v. Mark Hines

The Defendant, Mark Hines, was found guilty by a Shelby County Criminal Court jury of criminal attempt to commit second degree murder. See T.C.A. __ 39-13-210(a)(1), 39-12- 101(a)(2), -(3) (2006). He was sentenced as a Range I, standard offender to ten years' confinement in the Department of Correction. On appeal, he contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erred by permitting the State to introduce prejudicial demonstrative evidence to the jury, (3) the trial court erred by admitting testimonial hearsay into evidence, (4) the trial court erred by giving incorrect and incomplete jury instructions, and (5) he was improperly sentenced. We affirm the conviction, but we reverse the sentence and remand the case for resentencing.