STATE OF TENNESSEE v. RICHARD HANKE, SR. - Articles

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Posted by: Tanja Trezise on Sep 27, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

David Camp, Jackson, Tennessee (at guilty plea and sentence); George Morton Google, District Public Defender; Gregory D. Gookin, Assistant Public Defender, (on appeal) Jackson, Tennessee, for the Defendant-Appellant, Richard Hanke, Sr.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Brian Gilliam, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, Richard Hanke, Sr., entered a plea of guilty in the Madison County Circuit Court to robbery (count one), aggravated burglary (count two), aggravated assault (count three), and two counts of kidnapping (counts four and five), all Class C felonies. He additionally pleaded guilty to retaliation for past action (count six) and possession of a weapon with intent to employ in offense (count seven), both Class E felonies. The trial court imposed a term of six years’ confinement for the robbery, aggravated burglary, aggravated assault, and each kidnapping. It further imposed a sentence of two years for possession of a weapon with intent to employ in offense and retaliation for past action. The trial court ordered the concurrent term of six years’ confinement in counts one, two, and four to be served consecutively to the concurrent term of six years’ confinement imposed in counts three, five, and seven. Count six was ordered to be served consecutively to all other counts, for an effective sentence of fourteen years in the Tennessee Department of Correction. The sole issue presented for our review is whether the trial court erred in ordering partially consecutive sentencing. Finding no abuse of discretion, we affirm the judgments of the trial court.

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