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Posted by: Tanja Trezise on Mar 5, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Kimberly A. Parton (on appeal) and Sam Smith (at trial), Knoxville, Tennessee, for the appellant, Carey Faught.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Kyle Hixson, Assistant Attorney General; Randall Nichols, District Attorney General; and Ta Kisha Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Carey Faught (“the Defendant”) was convicted by a jury of aggravated burglary, employing a firearm during a dangerous felony, reckless endangerment, two counts of attempted aggravated robbery, and two counts of especially aggravated robbery. The trial court merged the two convictions for especially aggravated robbery and the two convictions for attempted aggravated robbery. Following a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of forty-eight years’ incarceration. On appeal, the Defendant challenges the sufficiency of the evidence supporting his conviction. He also argues that his conviction for employing a firearm during a dangerous felony violates principles of double jeopardy. Finally, the Defendant contends that his sentence is improper. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.