State of Tennessee v. Cortney R. Logan

The Defendant-Appellant, Cortney R. Logan, and his co-defendant, Joseph Leon Jackson, Jr., were indicted by the Davidson County Grand Jury for attempted first degree premeditated murder in count 1 and employment of a firearm during the flight or escape from the attempt to commit a dangerous felony in count 3. Although Logan was not charged in count 2 of the indictment, Jackson was charged in count 2 with employing a firearm during the attempt to commit a dangerous felony. Following a jury trial, Logan was convicted as charged, and the trial court imposed mandatory consecutive sentences of twenty-five years for the attempted first degree murder conviction and six years for the employment of a firearm during the flight or escape conviction. On appeal, Logan argues: (1) the trial court erred in allowing the State to present proof of his role in Jackson’s escape from custody in Mississippi to show Logan’s motive and intent to commit the offenses in Tennessee under a theory of criminal responsibility; (2) the evidence is insufficient to sustain his convictions; and (3) his effective sentence of thirty-one years is excessive. Upon review, we affirm Logan’s convictions but remand the case for entry of a corrected judgment showing a conviction for employment of a firearm during the flight or escape from the attempt to commit a dangerous felony in count 3 and either redacting the word “Violent” and leaving the 100% release eligibility designation or using the “Special Conditions” section of the judgment form to specify that Logan received a sentence of six years at one hundred percent release eligibility for his conviction under Code section 39-17-1324(b)(4). In all other respects, the judgments of the trial court are affirmed.