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Posted by: Tanja Trezise on Oct 4, 2012

Head Comment: CORRECTION: The first paragraph of page 1 (the last line of the first paragraph, which is line 11) has been changed from S.W. 2d to S.W. 3d.

Court: TN Court of Criminal Appeals

Attorneys 1:

Jonathan A. Marion, Sneedville, Tennessee (on appeal), and Gerald Eidson, Rogersville, Tennessee (at trial), for the appellant, Christopher Bryan Hancock.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Senior Counsel; C. Berkeley Bell, District Attorney General; and Kim Morrison, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Hamblen County Criminal Court Jury convicted the appellant, Christopher Bryan Hancock, of especially aggravated kidnapping, aggravated burglary, and aggravated robbery, all based upon a theory of criminal responsibility. The trial court imposed a total effective sentence of fifteen years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions, the trial court’s failure to instruct the jury as to the lesser-included offense of accessory after the fact, and the trial court’s instruction regarding criminal responsibility. Upon review, we affirm the appellant’s convictions of aggravated burglary and aggravated robbery, but we must reverse his conviction of especially aggravated kidnapping and remand for a new trial for the trial court to instruct the jury as mandated by our supreme court in State v. White, 362 S.W.3d 559, 580-81 (Tenn. 2012).