State of Tennessee v. Michael Orlando Freeman

Following a jury trial, the Defendant, Michael Orlando Freeman, was convicted of attempted second degree murder, as a lesser included offense of attempted first degree murder; aggravated assault by infliction of serious bodily injury; and attempted aggravated rape by use of a deadly weapon. See Tenn. Code Ann. §§ 39-13-202, -13-102, -13-502. He was acquitted of especially aggravated kidnapping. See Tenn. Code Ann. § 39-13-305. The Defendant received an effective sentence of twelve years as a Range I, standard offender with release eligibility at thirty percent. In this appeal as of right, the Defendant contends that: (1) the evidence is insufficient to support each of his convictions; (2) the trial court erred in denying his motion to dismiss based on the State's failure to preserve evidence pursuant to State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999); (3) the prosecutor committed prosecutorial misconduct during closing argument, which prejudiced the outcome of his trial; and (4) the trial court erred in denying his motion for a new trial. Following our review, we conclude that the Defendant's issues are without merit, and the judgments of the trial court are affirmed in all respects.