State of Tennessee v. Mario Patterson
W2016-02080-CCA-R3-CD
| Tenn. Crim. App. | Sep 18, 2017Background
- Defendant Mario Patterson and co-defendant Dondre Johnson were charged (severed) with first-degree felony murder for the August 12, 2013, shooting death of David Santucci; jury convicted Patterson and trial court imposed mandatory life.
- Witnesses placed a green/silver Pontiac Grand Am at the scene; observers saw Patterson (front passenger/driver at times), Johnson (backseat, later photographed in a ski mask with a gun), and a female driver (Jerrica Norfleet) approach the victim; a single gunshot was heard and the victim was found mortally wounded.
- Police located the Pontiac shortly after and recovered Patterson’s handgun (with live round in chamber), a magazine of rounds, a ski mask, and cell phones; ballistic testing matched the scene evidence to Patterson’s gun.
- Patterson initially denied being the shooter but later admitted he and Johnson exited the car, Johnson shot the victim, and Patterson had possession of the gun; statements and witness testimony showed the men had discussed finding a “lick” (robbery) and were searching for a victim.
- Norfleet testified Patterson and Johnson discussed robbing people, Patterson handed a gun to Johnson, and after the shooting both men re-entered the car and fled; Norfleet took a photograph of Johnson in a ski mask holding a gun.
- Medical and forensic evidence established the bullet path through the victim’s chest and that death was a homicide; the State proceeded on felony murder predicated on attempted robbery.
Issues
| Issue | State's Argument | Patterson's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove Patterson intended to commit robbery (predicate for felony murder) | Evidence showed planning and attempt to commit a robbery: discussing a “lick,” driving around armed, Patterson handed gun to Johnson, pursued a fearful-looking victim, exited vehicle with Johnson, and possessed the gun used in the killing | State failed to prove Patterson intended to rob the victim; insufficient evidence of intent to commit robbery | Conviction affirmed — evidence sufficient to prove Patterson possessed intent to commit robbery and felony murder conviction stands |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (established standard that a conviction must be upheld if any rational trier of fact could find guilt beyond a reasonable doubt)
- State v. Goodwin, 143 S.W.3d 771 (Tenn. 2004) (standard of review for sufficiency of the evidence)
- State v. Rice, 184 S.W.3d 646 (discussing role of jury in weighing circumstantial evidence)
- State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) (confirming same standard for convictions based on circumstantial evidence)
