Wayford Demonbreun, Jr.
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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE JANUARY SESSION, 2000 FILED March 3, 2000 STATE OF TENNESSEE, Appellee, VS. WAYFORD DEMONBREUN JR., Appellant. ) ) ) ) ) ) ) ) ) ) ) ) Cecil Crowson, Jr. Appellate Court Clerk NO. M1998-00239-CCA-WRM-PC DAVIDSON COUNTY NO. 94-B-1131 BELOW HON. THOMAS SHRIVER, JUDGE (Second Degree Murder and Aggravated Assault) FOR THE APPELLANT: FOR THE APPELLEE: CYNTHIA M. FORT Suite 34 0-M, W ashing ton Squ are II 222 Se cond A venue N orth Nashville, TN 37201 PAUL G. SUMMERS Attorney General and Reporter KIM R. HELPER Assistant Attorney General 425 Fifth Avenu e North Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General TOM THURMAN Assistant District Attorney General Washington Square, Suite 500 222 Se cond A venue N orth Nashville, TN 37201-1649 ORDER FILED ________________ AFFIRMED IN ACCORDANCE WITH RULE 20 DAVID H. WELLES, JUDGE ORDER The Defen dant, W ayford Dem onbre un, Jr., a ppea ls as of r ight from his convictions on a jury verdict of second degree murder and aggrava ted assa ult. He challeng es only the sufficiency of the convicting evidence. We affirm the judgm ent of the tria l court. The only issue the Defendant argues concerning the sufficiency of the evidence is the identification of him as the perpetrator. Specifically, he challenges the eye-witness testimony of two witnesses: Rhonda Williamson and Shemeka Williamson. Rhonda Williamson testified that she was a pass enge r in the murder victim s vehicle when a dark-colored low-rider tru ck pulled up next to the vehicle at a traffic light. She looked up and saw the driver of that low-rider truck, who was talking on a cellular telephone. When the light turned green, the victim s vehicle turned one way, and the truck turned another. Soo n thereafter, the sam e low-rider truck pulle d up be side the vic tim s vehic le with its lights o ff. Brief words were e xchan ged b etwee n the vic tim and the person in the truck, and Ms. William son ag ain saw the driver o f the truck. T he driver o f the truck then leaned over to the passenger s side of the truck a nd sho t multiple tim es into the victim s vehicle, killing th e victim. The driver of the truck drove forward, and then he stopped and shot towards Ms. Williamson, who ha d gotten out of the c ar. Ms. Williamson positively identified the Defendant as the driver of the low-rider truck and the shooter of the victim. Rhonda W illiamson s daughter, Shemeka Williamson, testified that she was waiting for her mother on her front porch when she saw her mother and the victim drive up to her apartment. She also saw the low-rider truck drive up, and she saw shots fired from the truck. She testified that she has known the Defendant for years becau se they w ent to school together, that she was familiar -2- with the low-ride r truck and knew it be longed to the Defendant, and that she saw the De fendan t in the truck s hooting into the victim s vehicle. Although the Defendan t attacked the credibility of this eye-witness testimony during cross-e xamination, the jury obviously resolved any co nflicts in the testimony in favor of the State. We do the same and conclude that the evidence presented is sufficient to support the finding by the trier of fact o f guilt beyon d a rea sona ble doubt. We further conclude that no error of law requiring a reversal of the judgment is apparent on the record. Based upon a thorough reading of the record, the briefs of the parties, and the law governing the issues presented for review, the judgmen t of the trial court is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of Tennessee. Becau se it appe ars to the C ourt that the Appella nt is indigen t, costs will be paid by the State of Tennessee. ______________________________ DAVID H. WELLES, JUDGE -3- CONCUR: ________________________________ THOMAS T. WOODALL, JUDGE ________________________________ L. T. LAFFERTY, SENIOR JUDGE -4-
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