Chaney v. State

Thompson, Justice.

Following a bench trial, appellant James Chaney was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a felony. He appeals from the denial of his motion for new trial. We affirm the judgments of conviction, but for the reasons which follow, we remand for re-sentencing on the weapons offense.

Viewed in a light most favorable to the verdict, the evidence established that Chaney employed the victim, Harvey Rutherford, to sell cocaine for him. An eyewitness testified that on the night in question, Chaney drove up to the street…