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Posted by: Tanja Trezise on Jul 13, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Russell Lance Miller, Clarksville, Tennessee, for the appellant, James W. Rembert.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Mark A. Fulks, District Attorney General; and Suzanne Lockert-Mash, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, James W. Rembert , entered an open plea to offenses alleged in two separate indictments: a four-count indictment for burglary, theft, vandalism, and possession of a firearm by a convicted felon and an additional indictment for aggravated perjury. On appeal, the Defendant contends that the trial court’s imposition of consecutive sentencing was error because the trial court “erroneously presumed” that the Defendant was on bond for offenses in the four-count indictment when the offense of aggravated perjury was committed. Because no error of law requiring a reversal of the judgment is apparent on the record, and the evidence in the record does not preponderate against the findings of the trial court, the judgments of the trial court are affirmed pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee.