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State of Tennessee v. Mario Patterson
W2016-02080-CCA-R3-CD
| Tenn. Crim. App. | Sep 18, 2017
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Background

  • 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)
Read the full case

Case Details

Case Name: State of Tennessee v. Mario Patterson
Court Name: Court of Criminal Appeals of Tennessee
Date Published: Sep 18, 2017
Docket Number: W2016-02080-CCA-R3-CD
Court Abbreviation: Tenn. Crim. App.