State of Tennessee v. Ricco R. Williams

A jury convicted Ricco R. Williams (“the Defendant”) of five counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, two counts of employing a firearm during the commission of a dangerous felony, and one count of unlawful possession of a firearm by a convicted felon. The Defendant appealed and contended, among other issues, that the evidence was not sufficient to support his convictions. Upon our review, this Court reversed the Defendant’s two convictions of employing a firearm during the commission of a dangerous felony and remanded those counts for a new trial; modified one of the Defendant’s aggravated robbery convictions to a conviction of the lesser-included offense of aggravated assault; reversed and dismissed the Defendant’s conviction of unlawful possession of a firearm by a convicted felon; and affirmed the Defendant’s convictions of and sentences for especially aggravated kidnapping, aggravated burglary, and the remaining aggravated robbery. See State v. Ricco R. Williams, No. W2011-02365-CCA-R3-CD, 2013 WL 167285, at *1 (Tenn. Crim. App. Jan. 14, 2013) (“Williams I”). Upon the Defendant’s application for permission to appeal, the Tennessee Supreme Court remanded the case to this Court for consideration in light of State v. White, 362 S.W.3d 559 (Tenn. 2012), and State v. Cecil, 409 S.W.3d 599 (Tenn. 2013). See State v. Ricco R. Williams, No. W2011-02365-SC-R11-CD (Tenn. Aug. 21, 2013). Upon our consideration of the Defendant’s especially aggravated kidnapping convictions in light of White and Cecil, we affirm the Defendant’s three convictions of especially aggravated kidnapping as to the victims A.R., K.R., and M.R. We reverse the Defendant’s two convictions of especially aggravated kidnapping as to the victims Timothy Currie and Sherita Currie and remand those charges for a new trial. Our previous holdings regarding the Defendant’s remaining convictions are unaffected by the remand and, thus, remain valid.