State v. Antonio Saulsberry/Franklin Howard ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON JUNE SESSION, 1998 FILED STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9710-CR-00406 ) December 21, 1998 Appellee, ) ) Cecil Crowson, Jr. Appellate C ourt Clerk ) SHELBY COUNTY VS. ) ) HON. JOSEPH B. DAILEY ANTONIO L. SAULSBERRY ) JUDGE & FRANKLIN C. HOWARD, ) ) Appellants. ) (First Degree Murder; Aggravated ) Rob bery) OPINION DISSENTING IN PART The eviden ce in th is case would unqu estion ably be sufficient to supp ort a conviction of Defenda nt Howard for felony murder in the first degree. His guilt of felony murder would obviously be predicated on his participation in the aggravated robbery. As I understand our law, to convict Howard of premeditated first degree murder would require proof that he acted with the intent to assist the sh ooter in the commission of the premeditated and intentional first degree murder of the victim. I agree with the majority that Howard cannot escape criminal respon sibility for premeditated murder by “claiming he did not share the criminal intent or premeditation with the actual triggerma n.” Our law m andates, ho wever, that Howard escape criminal responsibility for premeditated murder unless the State proves beyond a reasonable doub t that Howard did share the sh ooter’s criminal intent for premeditated and intentional murder. I do not find this pro of in the record. I also cannot agree that a premeditated murder is a natural and probable co nsequen ce of an esp ecially aggravated robbery. I mus t therefo re resp ectfully dissen t from th e ma jority’s conclusion that the evidence is sufficient to support Defendant Howard’s conviction of premeditated first degree mu rder. In all other respec ts, I concur. ____________________________________ DAVID H. WELLES, JUDGE -2-