State of Tennessee v. Robert A. Wiley, aka Jabo

The Defendant, Robert A. Wiley, aka Jabo, was convicted by a McNairy County jury of identity theft, violation of a Motor Vehicle Habitual Offender (MVHO) order, and driving while license cancelled, suspended, or revoked. For these convictions, the Defendant received an effective three-year sentence as a Range I, standard offender. In this appeal as of right, the Defendant argues that: (1) the trial court made several errors in instructing the jury, (2) the evidence was insufficient to support his conviction for identity theft, and (3) the trial court committed sentencing errors. Finding plain error, double jeopardy principles require us to vacate the Defendant’s conviction for driving while license cancelled, suspended, or revoked. The remaining judgments of the trial court are affirmed in all respects.