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Posted by: Tanja Trezise on Mar 16, 2012

Head Comment: CORRECTION: In order to correct a misstatement by the court the original opinion filed in this case on December 13, 2011 is withdrawn and this opinion is substituted in lieu thereof.

Court: TN Court of Criminal Appeals

Attorneys 1: Richard L. Tennent, Nashville, Tennessee, for the appellant, Christopher M. Black.

Attorneys 2: Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Roger D. Moore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Christopher Black, was convicted by a Davidson County jury of two counts of aggravated rape, a Class A felony, and two counts of aggravated robbery, a Class B felony, and sentenced to an effective term of fifty years imprisonment. On direct appeal, this court affirmed the convictions but remanded for a resentencing hearing “regarding [the defendant’s] sentencing status with respect to the 2005 sentencing act and regarding the issue of consecutive sentencing.” State v. Christopher M. Black, No. M2007-00970-CCA-R3-CD (Tenn. Crim. App., at Nashville, Feb. 26, 2010). Following a hearing on remand, the trial court, applying the single enhancement factor for prior criminal history, sentenced the defendant to twenty-five years for each count of aggravated rape and to ten years for each count of aggravated robbery. The court further found the defendant to be a dangerous offender and ordered that the two aggravated rapes be served consecutively, but concurrently to the sentences for robbery, again resulting in an effective sentence of fifty years. On appeal, the defendant contends that the trial court erred in the imposition of consecutive sentences. Following review of the record, we find no error and affirm the sentences as imposed.