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Posted by: Brittany Sims on Sep 30, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Lindsey Lane, Greeneville, Tennessee, for the appellant, William Franklin Robinette.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Kyle Hixson, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Cecil Mills, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Greene County Criminal Court Jury convicted the appellant, William Franklin Robinette, of two counts of soliciting first degree premeditated murder. For each conviction, the trial court sentenced the appellant to twenty years in the Tennessee Department of Correction, with the sentences to be served consecutively to each other and to a previously imposed sentence for a total effective sentence of fifty years. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions, the admission of a recording and transcript of the solicitation, the trial court’s failure to dismiss count two because of a violation of the Confrontation Clause, and the sentence imposed by the trial court. Upon review, we affirm the appellant’s convictions. However, the record reflects that no presentence report was prepared prior to the appellant’s sentencing hearing. Therefore, the case must be remanded for a new sentencing hearing.