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Posted by: Tanja Trezise on Jul 13, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Joshua L. Brand (on appeal), and Mark Kovach (at trial), Nashville, Tennessee, for the Appellant, Roderick Dewayne Crosby.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Sarah Davis and Robert McGuire, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Roderick Dewayne Crosby, was convicted of four counts of aggravated kidnapping, Class B felonies, three counts of aggravated robbery, Class B felonies, one count of burglary, a Class C felony, one count of aggravated assault, a Class C felony, and one count of possession of a firearm with the intent to go armed during the commission of a dangerous felony, a Class D felony. The trial court imposed an effective sentence of thirty-four years. On appeal, the defendant contends that the evidence is insufficient to support his convictions for aggravated kidnapping; the trial court erred in denying his motion to suppress a photographic lineup identification; and that the trial court erroneously applied an enhancement factor and erred by imposing consecutive sentencing. After reviewing the briefs, the record, and the applicable law, we affirm the judgments of the trial court but remand the case for resentencing for the firearm offense and for the entry of a corrected judgment.