The Tennessee Court of Criminal Appeals has upheld an attempted murder conviction against an Oak Ridge man who received the maximum 20-year prison sentence for a stabbing that injured a woman so severely that she reportedly would have died if she hadn’t received medical treatment.
McKinnley McGee was convicted of attempted second-degree murder, aggravated assault with a deadly weapon, and aggravated assault with serious bodily injury two years ago, after a one-day trial in Anderson County Criminal Court in July 2019. He was convicted of stabbing and trying to kill Machel Elaine Avery on Utica Circle in Oak Ridge on January 12, 2018.
McGee was sentenced to the maximum 20 years in prison in September that year. That was based in part on his extensive criminal record, which includes at least eight felony convictions and seven misdemeanors dating back 30 years in Anderson County and California, according to court records and information provided during the sentencing hearing.
In his appeal, McGee had questioned whether the evidence was sufficient to support his conviction for attempted second-degree murder. He argued that prosecutors had failed to prove that he acted in a way that was intended and reasonably certain to cause Avery’s death, the appeals court said.
But in an opinion published April 9, the appeals court found that the evidence was sufficient. The opinion has not been previously reported.
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