State of Tennessee v. Dondre Johnson, W2015-02401-CCA-R3-CD

On August 12, 2013, a white male (David Santucci) was shot and killed near the Rumba Room in Memphis; witnesses saw a light-green/gray Pontiac/Grand Am speed away with three occupants.
Witnesses and a bystander (Jerrica Norfleet) placed Dondre Johnson in the rear passenger seat and Mario Patterson as an accomplice; Norfleet produced a photo of Johnson in a ski mask holding a gun.
Officers located and detained the vehicle shortly after the shooting; police found a loaded Ruger semi-automatic pistol with an extended magazine, a maroon ski mask, and two cell phones in the car.
Johnson gave a written, Miranda-waived statement admitting he and Patterson planned to “rob” someone, that he wore a mask and had the gun, and that the gun discharged as he was running back to the car; he acknowledged the killing.
Forensic testing matched the bullet to the Ruger found in the car; an expert testified the gun required deliberate trigger pressure to fire and had safety features.
Johnson was convicted by a jury of first-degree felony murder (murder in perpetration of attempted robbery) and sentenced to life; he appealed arguing he abandoned the robbery attempt before the shooting, so felony murder did not apply.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to sustain a conviction for first-degree felony murder (killing in perpetration of attempted robbery)	State: The killing and attempted robbery were part of a continuous transaction; Johnson’s actions before and after shooting support intent to rob and culpability for felony murder.	Johnson: He abandoned the robbery and was retreating when the gun accidentally discharged, so the killing was collateral to the felony, not in perpetration of it.	Affirmed: A rational jury could find the attempted robbery and killing were continuous and closely connected; felony murder applies.

Jackson v. Virginia, 443 U.S. 307 (establishes sufficiency-of-the-evidence standard for criminal convictions)
Farmer v. State, 296 S.W.2d 879 (Tenn. 1956) (felony-murder applies where killing is in pursuance of the unlawful act, not collateral to it)
State v. Buggs, 995 S.W.2d 102 (Tenn. 1999) (killing may precede, coincide with, or follow the felony if connection in time, place, and continuity exists)
State v. Pierce, 23 S.W.3d 289 (Tenn. 2000) (continuous transaction test; no temporary safety between felony and killing)
Smith v. State, 354 S.W.2d 450 (Tenn. 1961) (defendant cannot escape first-degree murder by claiming intent was not to kill when killing occurred during felony)