State of Tennessee v. Craig Abston

Defendant, following a jury trial, was convicted of one count of second degree murder and two counts of attempted second degree murder. The trial court sentenced Defendant to twenty years for Count 1, second degree murder, twelve years for Count 2, attempted second degree murder, and eight years for Count 3, attempted second degree murder. Counts 1 and 2 were ordered to run concurrently to each other but consecutively to Count 3 for a total effective sentence of twenty-eight years. On appeal, Defendant argues: (1) the trial court erred in its remarks to the jury venire; (2) the trial court erred in allowing the testimony of Sergeant Berryman that Defendant had two gold teeth at the time he was interviewed; and (3) the trial court erred in imposing consecutive sentencing. After a thorough review of the record, we affirm the convictions. We reduce the sentence in Count 2 from twelve years to eight years. Further, we reverse the judgments only insofar as they order consecutive sentencing, and remand for a new sentencing hearing solely to determine whether consecutive sentencing should be imposed.