State of Tennessee v. Dwayne Edward Harris

A Williamson County jury convicted the Defendant, Dwayne Edward Harris, of joyriding (Count 1), carjacking (Count 2), and aggravated robbery (Count 3). In response to a motion for judgment of acquittal, the trial court reduced Count 3 from aggravated robbery to robbery. The trial court then merged Count 1 and Count 3 into Count 2, and sentenced the Defendant to an effective sentence of thirty years in the Tennessee Department of Correction. The Defendant appeals, asserting: (1) the evidence is insufficient to support his convictions; (2) the trial court improperly admitted evidence; and (3) a Bruton violation. The State appeals the trial court’s reducing the jury’s conviction for aggravated robbery in Count 3 to robbery and the trial court’s merging Count 3 into Count 2. This court consolidated the Defendant’s and the State’s appeals. After review of the Defendant’s issues, we discern no error. As to the State’s issues on appeal, we vacate the trial court’s judgment in Count 3, reinstate the jury’s verdict of guilty of aggravated robbery, and remand for sentencing on Count 3. The trial court’s judgment in Count 2 is remanded for corrections consistent with this opinion.