State of Tennessee v. Robert A. Guerrero

Defendant, Robert A. Guerrero, was indicted by the Maury County Grand Jury on two counts of first degree murder, two counts of felony murder, nine counts of attempted first degree murder, and nine counts of aggravated assault. Following a jury trial, Defendant was convicted of two counts of first degree murder and nine counts of attempted first degree murder. Defendant was sentenced by the trial court to two consecutive life sentences and nine fifteen-year sentences, to run consecutive to the life sentences, for a total effective sentence of two life sentences plus 135 years. In this direct appeal, Defendant makes the following assignments of error: 1) the trial court erred by denying Defendant’s challenges for cause to three jurors; 2) the trial court erred by not allowing Defendant to conduct an individual voir dire of the prospective jurors regarding their media exposure to the case; 3) the trial court erred by not striking three jurors after they saw Defendant being escorted to the restroom by a courtroom deputy; 4) the trial court erred in allowing a witness for the State to remain in the courtroom in violation of Tennessee Rule of Evidence 615; 5) the trial court erred by allowing the testimony of an emergency room doctor who treated some of the victims; 6) the trial court erred by allowing two exhibits into evidence over Defendant’s objection as to the chain of custody; 7) the indictments charging attempted first degree murder, Counts 5 through 9, should have been dismissed for failing to provide Defendant adequate notice of the charge; 8) the trial court erred by instructing the jury on criminal responsibility; 9) the trial court erred by imposing consecutive sentencing; 10) the evidence was insufficient to support Defendant’s convictions. Following a careful review of the record on appeal, we affirm the judgments of the trial court.