NASHVILLE, Tenn. (AP) - The Tennessee Supreme Court has ruled that a gunshot wound isn't necessarily the same as a serious bodily injury.
The court's opinion was published Wednesday in the case of 2 men found guilty of especially aggravated robbery for shooting a man in the leg during a 2008 Memphis holdup.
The opinion written by Justice Sharon G. Lee said the prosecution failed to show that the victim, Terrell Westbrooks, was at risk of dying, lost consciousness or suffered extreme pain, disfigurement or substantial impairment. Those are the standards spelled out in the state statutes that define serious bodily injury.
The court threw out the especially aggravated robbery convictions for Anthony Clark and Michael Farmer. A lower court was ordered to sentence them on the less serious charge of aggravated robbery.
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