State of Tennessee v. Korey Bradley

Defendant, Korey Bradley was charged with attempted second degree murder of Brandon Williams, aggravated assault of Brandon Williams, and felony reckless endangerment of Jarvis McDaniel. Following a jury trial, Defendant was convicted of misdemeanor reckless endangerment as a lesser-included offense of attempted second degree murder, and guilty as charged on the aggravated assault and felony reckless endangerment. He was sentenced to eleven months, twenty-nine days for misdemeanor reckless endangerment, eight years for aggravated assault, and three years for felony reckless endangerment. The trial court ordered the eight-year and three-year sentences to be served consecutively with each other and concurrently to the sentence for misdemeanor reckless endangerment for an effective elevenyear sentence to be served in confinement. On appeal, defendant argues that (1) his conviction for aggravated assault should be merged into his conviction for misdemeanor reckless endangerment resulting in one conviction for misdemeanor reckless endangerment; (2) the trial court erred by failing to instruct the jury on aggravated assault as a lesserincluded offense of attempted second degree murder; (3) the evidence was insufficient to support his convictions for felony reckless endangerment; and (4) his effective sentence was excessive. After a thorough review of the record, we remand for the trial court to merge the conviction for misdemeanor reckless endangerment of Brandon Williams with the conviction for aggravated assault of Brandon Williams. All other aspects of the judgments are affirmed.