State of Tennessee v. John Mark Burns

While initially indicted on three counts of attempted first degree murder, the defendant, John Mark Burns, was convicted on three counts of attempted second degree murder. The trial court imposed sentences of eleven years for each offense, all of which are to be served concurrently. In this appeal of right, the defendant challenges the sufficiency of the evidence, he argues that the trial court erred in several of its instructions to the jury, and he contends that the sentence is excessive. Because the trial court erred in its application of certain enhancement factors, the defendant’s sentences are modified to three concurrent nine-year terms. Otherwise, the judgments of the trial court are affirmed.