The Tennessee Supreme Court has affirmed the convictions of Broderick Fayne for aggravated burglary and employment of a firearm during the commission of a dangerous felony. The Court rejected Fayne’s argument that the trial court’s instructions to the jury were improper.
In July 2011, Fayne and his cousin, Rodnicholas Lewis, broke into a residence in Covington, Tennessee. The only person at home was 14-year-old Kylan Spearmon, who testified at trial that one of the two men held him at gunpoint during the burglary. Spearmon’s description of the gunman matched Fayne. Lewis, who entered into a plea bargain, testified that Fayne carried a gun during the burglary. The jury found Fayne guilty of aggravated burglary and employment of a firearm during the commission of a dangerous felony, and the trial court imposed a sentence of nine years. The Court of Criminal Appeals affirmed.
On appeal to the Supreme Court, Fayne argued that the trial court should have instructed the jury to consider the crime of possession of a firearm during the commission of a dangerous felony, a less serious firearm offense.
The Supreme Court held that the crime of possession of a firearm during a dangerous felony qualifies as a “lesser included offense” of employment of a firearm during a dangerous felony and could have resulted in a shorter sentence. Ordinarily, juries should be given the opportunity to consider whether to convict on a lesser included offense. In this case, however, the Supreme Court held that Fayne was not entitled to a new trial because he did not request a jury instruction on the lesser included offense, which is required by law.
To read the State v. Broderick Devonte Fayne opinion authored by Justice Gary R. Wade, visit the opinions section of TNCourts.gov.