State of Tennessee v. Larry Brooks

The defendant, Larry Brooks, was convicted by a jury of aggravated robbery, aggravated assault, aggravated burglary, vandalism, and theft up to $500. The defendant was subsequently sentenced as a Range III, persistent offender to twenty years for the robbery, ten years for the assault, ten years for the burglary, and eleven months, twenty-nine days for each of the misdemeanors, all sentences to run concurrently. In this direct appeal the defendant raises four issues: (1) whether the trial court erred in denying his motion to suppress; (2) whether the evidence is sufficient to support his convictions; (3) whether the trial court erred in sentencing the defendant more than forty-five days after the jury verdict; and (4) whether the trial court erred in classifying the defendant as a persistent offender in imposing sentence. Finding that principles of double jeopardy prohibit the defendant's convictions for aggravated assault and theft, we reverse and dismiss those convictions. In all other respects, we affirm the judgment of the trial court.