State of Tennessee v. Michael Farmer and Anthony Clark
2012 Tenn. LEXIS 513
Tenn.2012Background
- Defendants robbed victims at an apartment, brandishing handguns and taking cash; one shooter fired, wounding Westbrooks in the leg.
- Westbrooks reported a through-and-through gunshot wound; he received medical treatment and recovered with no lasting leg impairment.
- Defendants were convicted of aggravated robbery (Class B) and especially aggravated robbery (Class A); sentences were eight and fourteen years, respectively, to run concurrently.
- Court of Criminal Appeals affirmed; issue remained whether the gunshot wound amounted to serious bodily injury justifying an especially aggravated robbery conviction.
- Statutory framework defines robbery, aggravated robbery, and especially aggravated robbery; special bodily injury requires both deadly weapon use and serious bodily injury.
- This Court vacates the especially aggravated robbery convictions, modifies them to aggravated robbery, and remands for resentencing; costs taxed to State.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Westbrooks gunshot wound constitutes serious bodily injury. | State contends the wound involved a substantial risk of death. | Defense argues no evidence of substantial risk of death; no expert proof of serious injury. | No; wound did not prove a substantial risk of death; convictions for especially aggravated robbery vacated and remanded for aggravated robbery. |
Key Cases Cited
- State v. Hanson, 279 S.W.3d 265 (Tenn.2009) (standard for sufficiency review, burdens of proof on State)
- State v. Evans, 838 S.W.2d 185 (Tenn.1992) (evidentiary standards and jury credibility on appeal)
- State v. Campbell, 245 S.W.3d 331 (Tenn.2008) (reconciliation of credibility and weight of evidence)
- State v. Sims, 909 S.W.2d 46 (Tenn.Crim.App.1995) (ejusdem generis application in defining serious bodily injury)
- Bolanos v. United States, 938 A.2d 672 (D.C.2007) (expert medical testimony aiding ‘serious bodily injury’ determinations)
- Anderson v. Commonwealth, 352 S.W.3d 577 (Ky.2011) (expert testimony can assist proving severity of injury)