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Posted by: Chandra Williams on Sep 23, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Nathan D. Cate, Nashville, Tennessee, for the Appellant, Michael Richard Miller.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Glen Funk, District Attorney General; and J. Wesley King, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Michael Richard Miller, was convicted of three counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, and one count of employing a firearm in the course of a dangerous felony. On appeal, he challenges the trial court’s imposition of an effective forty-six-year sentence based upon partial consecutive sentencing. Specifically, the defendant argues that: (1) the trial court misapplied the consecutive sentencing factors in making its sentencing determination; and (2) the trial court erred in ordering that the conviction for employing a firearm in the course of a dangerous felony be served consecutively to all his convictions rather than only to the underlying dangerous felony. Following review of the record, we affirm the sentences as imposed.