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Posted by: Tanja Trezise on Sep 8, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard C. Strong, Nashville, Tennessee, for the appellant, Stephano L. Weilacker.

Attorneys 2:

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

Judge(s): OGLE

The appellant, Stephano L. Weilacker, was convicted in the Montgomery County Criminal Court of especially aggravated kidnapping, a Class A felony, and aggravated robbery, a Class B felony, and received an effective twenty-year sentence to be served consecutively to a previous sentence. In this delayed appeal, the appellant contends that the evidence is insufficient to support the convictions, that the trial court erred by denying his motion to suppress evidence, that the State committed prosecutorial misconduct during closing arguments, that the trial court erred by failing to instruct the jury as provided by State v. White, 362 S.W.3d 559 (Tenn. 2012), and that consecutive sentencing was improper. However, because no timely motion for new trial was filed in this case, we can only review sufficiency of the evidence and sentencing and the other issues for plain error. Moreover, because this court addressed sufficiency and sentencing in the appellant’s first direct appeal of his convictions, they cannot be reconsidered. Finding no plain error in the remaining issues, the appellant’s convictions are affirmed.