State of Tennessee v. Wesley M. Gifford, Jr.

Case Number
M2013-00253-CCA-R3-CD

The Defendant, Wesley M. Gifford, Jr., was convicted by a jury of attempted aggravated burglary, telephone harassment, and indecent exposure.  Following a sentencing hearing, the trial court imposed concurrent terms of three years and six months for the attempted aggravated burglary conviction and eleven months and twenty-nine days for the telephone harassment conviction.  This effective sentence was also to run consecutively to his prior sentences.  In this direct appeal, the Defendant contends that: (1) the trial court erred in failing to grant a mistrial when a witness testified that the Defendant previously had been in jail; (2) the trial court erred in allowing admission of evidence of the Defendant’s prior bad act; (3) the trial court erred in not instructing the jury on the issue of alibi; (4) the evidence was insufficient to support his convictions; and (5) cumulative errors entitle him to a new trial.  After a thorough review of the record and applicable law, we affirm the judgments of the trial court.

Authoring Judge
Judge D. Kelly Thomas, Jr.
Originating Judge
Judge Thomas W. Graham
Case Name
State of Tennessee v. Wesley M. Gifford, Jr.
Date Filed
Dissent or Concur
This is a dissenting opinion
Download PDF Version