06/28/2019 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE January 23, 2019 Session STATE OF TENNESSEE v. MICHAEL GREEN Appeal from the Criminal Court for Knox County No. 105761A Steven W. Sword, Judge No. E2018-00350-CCA-R3-CD The Defendant, Michael Green was convicted by a Knox County Criminal Court jury of two counts of aggravated kidnapping, a Class B felony, and two counts of attempted aggravated kidnapping, a Class C felony. T.C.A. §§ 39-12-101(a)(1)-(3) (2018) (criminal attempt); 39-13-304(a) (2018) (aggravated kidnapping). The trial court merged the convictions into a single aggravated kidnapping judgment and sentenced the Defendant, a Range II offender, to fifteen years to be served at 100%. On appeal, the Defendant contends that (1) the evidence is insufficient to support a conviction of aggravated kidnapping or attempted aggravated kidnapping, (2) the trial court erred in denying his motion to dismiss the case due to the lack of a preliminary hearing or for a delayed preliminary hearing, (3) the court erred in denying his motion to suppress his pretrial statement, and (4) the court erred in denying his request for a jury instruction pursuant to State v. White, 362 S.W.3d 559, 578 (Tenn. 2012). Upon review, we affirm the judgment of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed ROBERT H. MONTGOMERY, JR., J., delivered the opinion of the court, in which JAMES CURWOOD WITT, JR., and D. KELLY THOMAS, JR., JJ., joined. Gerald L. Gulley, Jr. (at motion for new trial and on appeal), and Robert L. Jolley, Jr. (at trial), and Megan Swain (at trial), Knoxville, Tennessee, for the Appellant, Michael Green. Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Charme Allen, District Attorney General; Ta Kisha M. Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION The Defendant’s convictions relate to a June 5, 2015 incident involving a female college student in a Knoxville shopping center parking lot. At the trial, Knox County Emergency Communications District employee Michael Mays testified that he compiled the records related to the present case. A recording of a 9-1-1 call was played for the jury. In it, a female caller stated that she had just seen two men try to push a woman into the back of a “van” in a parking lot. She said the men were “jumping on the interstate” traveling east. She said the victim had screamed, “Let me go. Let me go.” She described the vehicle as an old, rusted, brown “Jeep” or “Bronco.” She said that the men “shoved [the victim] in the car,” that someone at a Mexican restaurant told the men to release the victim, and that the caller followed them but was unable to obtain a license plate number. The twenty-two-year-old victim testified that she had been a college student on the date of the incident and had been working two summer jobs. She said that on the date of the incident, she ...
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