STATE OF TENNESSEE v. JEREMIAH DAWSON - Articles

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Posted by: Tanja Trezise on May 4, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

R. Todd Mosley (on appeal) and Ruchee Patel (at trial), Memphis, Tennessee, for the appellant, Jeremiah Dawson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Marlinee Iverson and Michael McCusker, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Shelby County Criminal Court Jury convicted the appellant, Jeremiah Dawson, of aggravated robbery, a Class B felony; carjacking, a Class B felony; and employing a firearm during the commission of a dangerous felony, a Class C felony. After a sentencing hearing, the appellant received an effective sentence of fourteen years in confinement. On appeal, the appellant contends that (1) his dual convictions for carjacking and employing a firearm during the commission of a dangerous felony violate double jeopardy and (2) the evidence is insufficient to support the convictions. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that dual convictions for carjacking by use of force or intimidation and employing a firearm during the commission of a dangerous felony do not violate double jeopardy and that the evidence is sufficient to support the convictions. Nevertheless, we conclude that the appellant’s convictions for carjacking and employing a firearm must be reversed because the trial court improperly instructed the jury. Therefore, the case is remanded to the trial court for a new trial as to those offenses. The appellant’s conviction for aggravated robbery is affirmed.

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