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Posted by: Tanja Trezise on Sep 26, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Bryce W. McKenzie (on appeal), and Andrew E. Farmer (at trial), Sevierville, Tennessee, for the appellant, Jack Price.

Attorneys 2:

Timothy J. Gudmundson (at trial and on appeal), Sevierville, Tennessee, for the appellant, Larry Thomas Cochran.

Judge(s): THOMAS

Following a jury trial, the Defendants, Jack Price and Larry Thomas Cochran, were convicted of attempted first degree premeditated murder, a Class A felony; aggravated assault, a Class C felony; and two counts of attempted aggravated robbery, a Class C felony. Defendant Cochran was also convicted of resisting arrest and criminal impersonation, Class B misdemeanors. Both Defendants were sentenced to an effective twenty-five years’ incarceration for their respective convictions. In this appeal as of right, the Defendants raise the following issues: (1) both Defendants argue that the evidence was insufficient to support a finding by the jury of premeditation; (2) Defendant Cochran argues that issuance of a criminal responsibility instruction was in error; (3) Defendant Cochran contends that admission of his co-defendant’s statements against him violated Bruton v. United States, 391 U.S. 123 (1968); and (4) both Defendants contend that the trial court erred by submitting enhancement factors to the jury and by allowing the prosecutor to charge those factors, and that their sentences were excessive. Following our review, we affirm the Defendants’ convictions but, because the trial court utilized an unauthorized sentencing procedure, remand the case to the trial court for resentencing in accordance with this opinion.