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Posted by: Tanja Trezise on May 16, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Chase T. Smith (on appeal) and James Potter (at trial), Clarksville, Tennessee, for the appellant, John Jackson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Senior Counsel; John W. Carney, District Attorney General; and Lee Willoughby, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

John Jackson (“the Defendant”) was convicted by a jury of two counts of facilitation of aggravated robbery, one count of aggravated sexual battery, one count of aggravated burglary, and one count of facilitation of theft over $500. The trial court sentenced the Defendant to an effective term of twenty years’ incarceration, to be served at 100%. In this direct appeal, the Defendant contends that the trial court erred in denying his pre-trial motion to suppress; erred in failing to determine whether the Defendant’s prior convictions were admissible; erred in failing to grant a continuance after finding error in the State’s notice of intent to seek enhanced punishment; erred in failing to instruct the jury on theft as a lesserincluded offense of aggravated robbery; that the evidence was not sufficient to support his conviction of aggravated sexual battery; that the trial court failed to act as thirteenth juror; and that he should not have been sentenced as a Range III offender. Upon our thorough review of the record and applicable law, we affirm the trial court’s judgments.