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Posted by: Tanja Trezise on Jun 20, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Joshua L. Brand (on appeal and at hearing on motion for new trial); and Dumaka Shabazz (at trial), Nashville, Tennessee, for the appellant, Michael Warren Fuller.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Harmon, Senior Counsel; Victor S. (Torry) Johnson III, District Attorney General; and Sarah Davis, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Michael Warren Fuller (“the Defendant”) was convicted by a jury of aggravated robbery. The trial court subsequently sentenced the Defendant to thirty years’ incarceration. Following a hearing on the Defendant’s motion for new trial, the trial court reduced the Defendant’s sentence to twenty-eight years. On appeal, the Defendant challenges the sufficiency of the evidence supporting his conviction. He also contends that his sentence is improper. After a thorough review of the record and the applicable law, we affirm the Defendant’s conviction. We remand, however, for the trial court to sentence the Defendant pursuant to the 2005 Amendments to the Tennessee sentencing statutes.