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Posted by: Stacey Shrader Joslin on Nov 26, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Bob C. Hooper, Brownsville, Tennessee, for appellant, Lymus Levar Brown, III.

Attorneys 2:

Robert E. Cooper, Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; Garry G. Brown, District Attorney General; and Jerald Campbell and Larry Hardister, Assistant District Attorneys General, for appellee, State of Tennessee.

Judge(s): PAGE

A Haywood County jury convicted appellant, Lymus Levar Brown, III, of aggravated robbery. The trial court sentenced him as a Range III offender to serve thirty years in the Tennessee Department of Correction, with a release eligibility of eighty-five percent. See Tenn. Code Ann. § 40-35-501(k)(1) (release eligibility for aggravated robbery conviction). On appeal, he argues that: (1) the evidence supporting his conviction was insufficient; (2) the trial court erred by allowing a witness to testify despite a violation of the rule of sequestration; (3) the trial court erred by not granting him a mistrial or some other remedy for the State’s failure to provide previously requested discovery; (4) his right to a speedy trial was violated; (5) the trial court erred by allowing the jury to hear that appellant was a convicted criminal; (6) the State failed to provide a sufficient chain of custody for the cellular telephone found at the crime scene; and (7) the trial court erred by considering his prior convictions during the sentencing hearing despite not having certified copies of said convictions. Following our review, we affirm the judgment of the trial court.