State of Tennessee v. Bobby Eugene Blaylock

Following a trial, a jury convicted Defendant, Bobby Eugene Blaylock, of kidnapping, aggravated kidnapping, attempted rape, robbery, and theft valued at more than $1,000 but less than $2,500, for which the trial court imposed a total effective sentence of forty-four years’ incarceration. On appeal, Defendant asserts that the trial court erred by failing to find that the mitigating factor found in Tennessee Code Annotated section 39-13-304(b)(2) applied to Defendant’s case. The State cross-appeals, arguing that the trial court erred by finding that the State’s “Notice of Defendant’s Status as a Repeat Violent Offender” (the “State’s Notice”) was deficient and by failing to sentence Defendant as a repeat violent offender. Following a thorough review, we modify Defendant’s sentence for aggravated kidnapping to life without possibility of parole. We remand for the entry of an amended judgment sentencing Defendant, as a repeat violent offender, to life without possibility of parole in Count 2 and for the trial court to impose a sentence on the merged conviction of kidnapping in Count 1. In all other respects, we affirm the judgments of the trial court.