State Tennessee v. Joe L. Utley

The appellant, Joe L. Utley, was convicted by a jury of felony murder and especially aggravated robbery. He received a life sentence and a concurrent twenty year sentence respectively. On appeal he raises four issues for review. First, he claims that the evidence was insufficient to convict him of first degree murder. Secondly, he argues that the trial court erred in not instructing the jury as to facilitation of felony murder. Next, he contends that the trial court erred in failing to suppress the identifications made by two witnesses. Finally, the appellant challenges the constitutionality of the felony murder statute. Following our review, we affirm the judgment of the trial court. The testimony presented at trial revealed that on January 7, 1993, four men, Derrick Carey, Eric Brown, Donald Walton and the appellant, entered the Las Palmas Restaurant on Antioch Pike wearing gloves and ski masks. Carey and Walton carried shotguns and remained near the front of the restaurant while Brown and the appellant were in the rear of the establishment. Brown fired a shot with a pistol to gain the attention of the employees and customers and ordered everyone to the floor. Carey asked Raphael Magna, an employee, where the safe was located. When Magna could not provide an answer, Carey shot Magna, who died as a result of the gunshot. Just as the restaurant's manager was attempting to open the safe, one of the men yelled ""Five-O,"" indicating that the police were on their way and all four men left hurriedly taking over $500 in cash with them.