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Posted by: Stacey Shrader Joslin on Aug 21, 2013

Head Comment: With Concurring and Dissenting Opinion

Court: TN Court of Criminal Appeals

Attorneys 1:

Joshua L. Brand (at trial and on appeal) and Nathan Colburn (at trial), Nashville, Tennessee, for the appellant, Jim George Conaser a.k.a. Jimmy George Conaser.

Attorneys 2:

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

Judge(s): THOMAS

A Davidson County jury convicted the Defendant, Jim George Conaser a.k.a. Jimmy George Conaser, of separate counts of failing to timely register as a sexual offender and of failing to sign a Tennessee Bureau of Investigation (TBI) sexual offender registration form, both Class E felonies. The trial court imposed a consecutive terms of four years for these convictions. On appeal, the Defendant challenges the sufficiency of the evidence, the trial court’s refusal to dismiss count two, the trial court’s failure to merge the counts, the trial court’s jury instructions, and the sentences imposed. Following our review of the record and the applicable authorities, the judgment and four-year sentence in count one are affirmed. However, upon review of count two, we conclude that the evidence is insufficient to support the Defendant’s conviction and, therefore, reverse and dismiss his conviction and sentence as to that count.