Appeal from the Criminal Court for Shelby County No
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON December 9, 2015 Session STATE OF TENNESSEE v. DWAYNE MOORE Appeal from the Criminal Court for Shelby County No. 13-01273 Carolyn Wade Blackett, Judge No. W2014-02432-CCA-R3-CD - Filed March 29, 2016 The defendant, Dwayne Moore, was convicted by a Shelby County jury of second degree murder and sentenced by the trial court as a Range I offender to twenty-two years at 100% in the Department of Correction. He raises two issues on appeal: (1) whether the trial court committed reversible error by allowing a police officer to offer improper opinion testimony about the appearance of a gun in a photograph and by admitting the photograph and the gun without a proper chain of custody; and (2) whether the evidence is sufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed ALAN E. GLENN, J., delivered the opinion of the court, in which THOMAS T. WOODALL, P.J., and ROBERT W. WEDEMEYER, J., joined. John Keith Perry, Southaven, Mississippi, for the appellant, Dwayne Moore. Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Paul Hagerman, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION FACTS At approximately 9:50 a.m. on Friday, February 22, 2013, deputies from the Shelby County Sheriff‟s Department, who were conducting a welfare check on the defendant‟s stepfather, Jimmy McClain, discovered his dead body lying on his living room floor surrounded by shell casings and bullet fragments.
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