State of Tennessee v. Antonio J. Hurt

Antonio J. Hurt, Defendant, was indicted by a Rutherford County Grand Jury for attempted first degree murder, employing a firearm during a dangerous felony, aggravated assault, and reckless endangerment after a shooting at a barber shop. After a jury trial, Defendant was convicted of the lesser included offense of attempted voluntary manslaughter and employing a firearm during a dangerous felony. The trial court entered a nolle prosequi on the aggravated assault charge, and the State withdrew the reckless endangerment charge. Defendant was sentenced to an effective sentence of 8 years. Defendant filed a motion for judgment of acquittal. Defendant filed a pro se premature notice of appeal in the trial court. The trial court denied the motion for judgment of acquittal. Defendant filed an untimely notice of appeal in this Court. This Court waived the timely filing of the notice of appeal. On appeal, Defendant complains about the sufficiency of the evidence, the admissibility of certain testimony of two witnesses, and statements made by the prosecutor during closing argument. After a review, we determine the evidence was sufficient to support the convictions and that Defendant is not entitled to plain error review of the remaining issues. Accordingly, the judgments of the trial court are affirmed. However, the matter is remanded to the trial court for entry of a judgment form dismissing the count of the indictment for reckless endangerment.