State of Tennessee v. Jamaal Austin

Excerpt

The Defendant, Jamaal Austin, was convicted by a jury of one count of first degree felony murder one count of first degree premeditated murder one count of especially aggravated robbery, a Class A felony two counts of attempted aggravated robbery, a Class C felony one count of aggravated burglary, a Class C felony and one count of employment of a firearm during the commission of a dangerous felony, a Class C felony. See Tenn. Code Ann. §§ 39-12-101, -13-202, -13-402, -13-403, -14-403, -17-1324(b). The trial court then merged the first degree premeditated murder conviction into the first degree felony murder conviction. Following a sentencing hearing, the trial court imposed a total effective sentence of life imprisonment plus twenty-four years. On appeal, the defendant contends (1) that the evidence was insufficient to sustain his convictions (2) that the trial court erred in denying his severance motion (3) that his convictions violate the constitutional prohibition against double jeopardy (4) that the trial court failed to fulfill its duty as the thirteenth juror and (5) that the trial court abused its discretion by imposing partial consecutive sentences. Following our review, we conclude that the evidence was insufficient to sustain the Defendant's conviction for especially aggravated robbery. We vacate that conviction and modify it to aggravated robbery. The case is remanded to the trial court for a new sentencing hearing on the modified conviction, entry of an amended judgment form reflecting the modification, and entry of corrected judgment form in Count 1 reflecting the trial court's merger of the first degree premediated murder conviction into the first degree felony murder conviction. We affirm the judgments of the trial court in all other respects.