Following a jury trial, Defendant, Joseph Wayne Graves, was found guilty of aggravated assault,aggravated robbery, aggravated kidnapping, and theft of property valued at more than $500 butless than $1000. The trial court imposed an effective sentence of sixty-three years. On appeal,Defendant alleges: (1) the trial court erred when it denied his motion to suppress evidence; (2)the evidence presented does not support his convictions; and (3) the trial court erred when it sentenced him. After a careful review of the record and the applicable law, we affirm Graves’convictions; however, we conclude that double jeopardy protections require that the convictions for aggravated robbery, aggravated assault, and theft be merged. Accordingly, we remand to the trial court for purposes of merger and for entry of corrected judgments of conviction.
Case Number
W2007-02552-CCA-R3-CD
Originating Judge
Judge C. Creed McGinley
Case Name
State of Tennessee v. Joseph Wayne Graves
Date Filed
Dissent or Concur
This is a dissenting opinion
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