State of Tennessee v. Michael Smith

The defendant, Michael Smith, was convicted of aggravated burglary and sentenced as a Range II, multiple offender to ten years, the sentence to be served consecutively to a sentence previously imposed in another matter. On appeal, he argues that the evidence is insufficient to support his conviction and that the trial court erred by the following rulings: (1) instructing as to flight; (2) concluding that the defendant could be impeached with prior convictions for rape and attempted rape; (3) engaging in an ex parte communication with the jury; (4) refusing to grant a mistrial; (5) concluding the defendant could receive a fair trial even though the State had lost or destroyed recordings of telephone calls and jail visits; and (6) not allowing the defendant to present certain proof to impeach one of the State's witnesses. Following our review, we conclude that the issues raised on appeal are without merit and affirm the judgment of the trial court.