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Posted by: Tanja Trezise on Apr 18, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

John E. Herbison (at trial and on appeal), and Fletcher Long, and Carrie Gasaway (at trial), Springfield, Tennessee, for the appellant, Robert Jason Burdick.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Dan Hamm, Roger Moore, and Dana Shabayek, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): HARRIS

A Davidson County jury convicted the Defendant, Robert Jason Burdick, of one count of aggravated burglary and two counts of aggravated rape with bodily injury. The trial court sentenced him as a Range I standard offender to a cumulative sentence of thirty-two years in the Tennessee Department of Correction. On appeal, the Defendant argues that (1) the evidence is insufficient to support his convictions for aggravated rape with bodily injury, (2) the trial court erred by denying his pre-trial motions to suppress evidence, and (3) the trial court erred by imposing partial consecutive sentences. Upon review, we affirm the Defendant’s convictions and the length of his sentences but remand the case to the Criminal Court of Davidson County for additional findings regarding consecutive sentencing.