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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE
Assigned on Briefs October 27, 2004 STATE OF TENNESSEE v. MICHAEL LEBRON ANDERSON
Direct Appeal from the Criminal Court for Hamilton County No. 242279 Douglas A. Meyer, Judge

No. E2004-00694-CCA-R3-CD Filed January 27, 2005

The defendant, Michael Lebron Anderson, was convicted of burglary of a building other than a habitation, a Class D felony, and was sentenced to twelve years in the Department of Correction. On appeal, the defendant contends that the trial court erred by allowing hearsay statements of eyewitnesses to be introduced through the testimony of a police officer as an excited utterance, thereby violating his right to confront witnesses against him. After careful review of the record and the parties' briefs, we affirm the judgment of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed J. C. MCLIN , J., delivered the opinion of the court, in which JERRY L. SMITH and ALAN E. GLENN , JJ., joined. Ardena J. Garth, District Public Defender; Donna Robinson Miller and Lorrie Miller; Assistant District Public Defenders, for the appellant, Michael Lebron Anderson. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; William Cox, District Attorney General; and Bob Patterson, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION FACTS The following evidence was presented at the defendant's trial. Officer Brian Smith, of the Chattanooga Police Department, testified that on August 5, 2002, he was patrolling the 1600 block of Adams Street in Chattanooga when he heard the sound of an activated burglary alarm. While attempting to locate the alarm, he noticed a group of juveniles standing on the sidewalk of 600 East

Main.1 As he approached the group, he observed that they were flagging him down, so he stopped and asked them what was going on. Speaking at once, the juveniles told Smith that a "large black man with a bald head just kicked in the door of a business across the street" and was "still inside." Smith testified that, after hearing the juveniles' statements, he radioed his location to dispatch, reported a possible burglary in progress, and proceeded to investigate. Smith drove across the street to the business, discovered the door open, and found the defendant inside behind the display counter of the business. After waiting for backup officers to arrive, he arrested the defendant. Smith described the inside of the building as ransacked

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Tennessee Law