State of Tennessee v. Paul Buchanan
W2017-00160-CCA-R3-CD
Tenn. Crim. App.Sep 14, 2017Background
- On April 13, 2013, Antonio Blake returned to his duplex in Memphis; a man entered carrying a chrome pistol, grabbed and briefly choked Blake, removed his wallet, and took $100. Furniture was disturbed during the struggle.
- Blake testified he had no difficulty seeing the assailant, recognized the assailant’s voice, and identified Paul Buchanan at the scene, in a photographic lineup (circling Buchanan’s photo), at the preliminary hearing, and at trial.
- Blake’s initial statements to officers at the scene, and to one officer, sometimes referenced two men and suggested a person named "Michael" had the gun, creating a discrepancy the defense emphasized.
- The State charged Buchanan with aggravated robbery (use of a deadly weapon) and three counts of convicted felon in possession of a firearm/handgun; the parties stipulated Buchanan’s prior felony convictions necessary to sustain the weapon-enhancement counts.
- A jury convicted Buchanan on all counts; the trial court merged duplicate weapon counts, found Buchanan a persistent offender, and imposed consecutive sentences totaling an effective 40 years (30 years for aggravated robbery, 10 years for felon-in-possession).
- On appeal Buchanan argued the evidence was insufficient to prove he committed the robbery or possessed the firearm; the Court of Criminal Appeals affirmed.
Issues
| Issue | State's Argument | Buchanan's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove identity and aggravated robbery | State: Blake positively identified Buchanan at scene, in photospread, and at trial; jury may credit that testimony | Buchanan: Blake’s statements were inconsistent (initially said two men and that "Michael" had the gun), undermining ID | Held: Conviction affirmed; credibility and conflicts were for the jury, which accredited Blake’s ID |
| Sufficiency of evidence to prove possession of a firearm by a convicted felon | State: Blake testified Buchanan pointed a pistol at him; stipulations established prior felonies to support firearm counts | Buchanan: Inconsistent statements about who had the pistol ("Michael") create reasonable doubt | Held: Affirmed; jury credited Blake’s testimony that Buchanan possessed the pistol |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)
- Dorantes v. State, 331 S.W.3d 370 (Tenn. 2011) (same standard applies to direct and circumstantial evidence)
- Bland v. State, 958 S.W.2d 651 (Tenn. 1997) (appellate court will not reweigh evidence; defendant must show insufficiency)
- Bolin v. State, 405 S.W.2d 768 (Tenn. 1966) (jury verdict accredits State’s witnesses and resolves conflicts in favor of State)
- Crawford v. State, 635 S.W.2d 704 (Tenn. Crim. App. 1982) (identity is a factual question for the trier of fact)
