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Posted by: Tanja Trezise on Jun 10, 2013

Head Comment: With concurring opinions.

Court: TN Court of Criminal Appeals

Attorneys 1:

Dawn Deaner, District Public Defender; Jeffrey A. DeVasher, Assistant Public Defender, (on appeal); and Jonathan F. Wing and Kristin Stangl, Assistant Public Defenders, (at trial), Nashville, Tennessee, for the appellant, Marcus Terrell Church.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General, Victor S. (Torry) Johnson, III, District Attorney General; and Ben Ford and Elizabeth Foy, Assistant District Attorneys General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendant, Marcus Terrell Church, was indicted by a Davidson County Grand Jury for aggravated robbery and especially aggravated kidnapping. His first trial ended in a mistrial. At a subsequent trial, Defendant was convicted as charged. The trial court imposed concurrent sentences of fifteen years as a Range II offender for aggravated robbery and twenty-five years as a Range I offender for especially aggravated kidnapping. On appeal, Defendant argues: (1) the trial court erred in denying his motion to suppress identification evidence; (2) the trial court improperly admitted evidence that Defendant committed an unrelated purse-snatching during the kidnapping in this case; (3) the trial court erred in admitting hearsay testimony concerning Defendant’s nickname; and (4) the trial court improperly sentenced Defendant. After a thorough review of the record, we affirm the judgments of the trial court.