State of Tennessee v. David Oeser

A Rutherford County jury convicted the Defendant, David Oeser, as charged of first degree premediated murder, first degree felony murder, especially aggravated robbery, aggravated burglary, and tampering with evidence. See Tenn. Code Ann. §§ 39-13-202(a)(1), (a)(2), 39-13-403, 39-14-403, 39-16-503. The trial court imposed life sentences for the Defendant’s first degree murder convictions before merging them. It then sentenced the Defendant to twenty years at one hundred percent for the especially aggravated robbery conviction, five years at thirty percent for the aggravated burglary conviction, and five years at thirty percent for the tampering with evidence conviction, with these sentences served concurrently with one another but consecutively to the life sentence, for an effective sentence of life plus twenty years. On appeal, the Defendant argues: (1) the evidence is insufficient to sustain his conviction for first degree premediated murder; and (2) the trial court abused its discretion in ordering the sentences for the especially aggravated robbery, aggravated burglary, and tampering with evidence convictions served consecutively to his life sentence. After carefully reviewing the record and the applicable law, we remand the case for entry of corrected judgment forms in Counts 1 and 3 as specified in this opinion. In all other respects, the judgments of the trial court are affirmed