State of Tennessee v. Daniel O’Sicky

The Defendant, Daniel O’Sicky, pled guilty to second degree murder, a Class A felony; especially aggravated robbery, a Class A felony; and especially aggravated burglary, a Class B felony, in exchange for concurrent sentencing, with the length of his sentences left to the discretion of the trial court. The trial court sentenced the Defendant to concurrent sentences of 25 years as a violent offender for the Class A felony offenses and 12 years as a Range I, standard offender for the Class B felony offense. In this appeal as of right, the Defendant contends that the trial court erred in setting the length of his sentences. Following our review, we conclude that the Defendant’s conviction for especially aggravated burglary should be modified to reflect a conviction for aggravated burglary, a Class C felony, because his especially aggravated burglary conviction was precluded by Tennessee Code Annotated section 39-14-404(d). Because our modification of the Defendant’s conviction does not affect the Defendant’s sentence length pursuant to the plea agreement, we impose a concurrent sentence of 6 years for the Class C felony conviction. We affirm the judgments of the trial court in all other respects.