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State v. Adams12/20/1999
The Defendant, James Albert Adams, appeals his convictions and sentences for attempted second degree murder, aggravated burglary, and two counts of aggravated assault. He was indicted for attempted premeditated first degree murder, especially aggravated burglary, two counts of aggravated assault, and coercion of a witness. The State entered a nolle prosequi on the charge of coercion of a witness. The Defendant was then found guilty by a jury of the lesser included offense of attempted second degree murder, the offense of especially aggravated burglary as charged, and two counts of aggravated assault as charged. Because the trial court found that the Defendant could not be convicted of both attempted second degree murder and especially aggravated burglary due to a provision in the especially aggravated burglary statute, it reduced the especially aggravated burglary conviction to a conviction for aggravated burglary. The Defendant conceded that he was a Range I offender as to all A felonies, a Range II offender as to all B felonies, and a Range III offender as to all C, D, or E felonies. At the sentencing hearing, the Defendant was sentenced to the maximum sentence in the range for all convictions: twenty years as a Range II offender for attempted second degree murder; fifteen years as a Range III offender for aggravated burglary; and fifteen years as a Range III offender for each of the aggravated assault convictions. The sentence for aggravated burglary was ordered to be served concurrently, but the other sentences were ordered to be served consecutively, for an effective sentence of fifty years incarceration.
The Defendant now appeals both his convictions and his sentences, raising the following issues for review:
I. Whether the evidence is sufficient to support a finding by a rational trier of fact that the Defendant is guilty beyond a reasonable doubt of attempted second degree murder, aggravated burglary, and two counts of aggravated assault.
II. Whether the trial court erred in admitting as substantive evidence a letter and hand-drawn picture allegedly created by the Defendant over a month after the offenses for which he was on trial.
III. Whether the trial court erred by imposing excessive sentences within the range and by imposing consecutive sentences.
IV. Whether the trial court erred in refusing to transfer the case to another criminal court of competent jurisdiction, so as to avoid the "appearance of impropriety" and the "appearance of forum shopping" by an assistant district attorney general.
We find no reversible error and affirm the judgment of the trial court.
The proof at trial revealed that the Defendant had been involved in an "on and off" relationship with the victim of the attempted murder, Linda Lewis, since 1982. The Defendant and the victim lived together for a period of time, but then separated on June 10, 1996. The Defendant moved out of Ms. Lewis' residence, taking his belongings with him, though he left behind his couch and television. Ms. Lewis retrieved the key to the residence from the Defendant. Though the Defendant no longer lived with Ms. Lewis, the two still had contact.
Ms. Lewis testified that on the morning of September 28, 1996, she was at home with her mother and her three daughters. The Defendant called her home several times, but she did not wish to speak to him. Her daughters told him that she did not want to talk to him, and on the last call she personally told him to quit calling. He said that he was "on his way," and Ms. Lewis hung up the phone. Her mother locked the screen door. Ms. Lewis was resting on the couch when she heard the locked screen door pull
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