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Posted by: Tanja Trezise on Oct 2, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Caesar Cirigliano, Nashville, Tennessee, and Lee Sprouse, Nashville, TN for the appellant, William Thomas Mayers.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Robert Homlar, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

After a trial by jury, the defendant was found guilty of aggravated burglary, a Class C felony, attempted aggravated burglary, a Class D felony, and theft of property over $500, a Class E felony. He was sentenced to a total effective sentence of 25 years. On appeal, the defendant claims that the trial court erred by (1) denying his motion to dismiss his indictment or suppress testimony regarding destroyed evidence; (2) allowing the State to present certain photographs taken of the defendant, on grounds that they were not properly authenticated; and (3) ordering him to serve his sentence on the attempted aggravated burglary consecutively to his sentence for aggravated burglary because both crimes should have been considered part of the same criminal episode. We conclude that the defendant has waived the first claim by virtue of his failure to prepare an adequate brief and record and that the trial court did not err by allowing admitting the photographs and ordering consecutive sentences. We affirm the judgments of the trial court accordingly.