All Content

Posted by: Chandra Williams on Oct 12, 2015

Head Comment: Correction: in dissenting opinion: page 1, paragraph 4, line 2, "principals" is now "principles".

Court: TN Court of Criminal Appeals

Attorneys 1:

Rachel Leanne Wolf, Knoxville, Tennessee, for the appellant, Donald Biggs, alias.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; Randall E. Nichols, District Attorney General; and Ta Kisha M. Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Donald Biggs, alias, appeals as of right from his guilty-pleaded convictions for four counts of aggravated robbery, two counts of theft by shoplifting, and one count of attempted aggravated robbery. See Tenn. Code Ann. §§ 39-12-101, -13- 402, -14-103, -14-105, -14-146. Following a sentencing hearing, the trial court sentenced the Defendant to twenty-two years each on two aggravated robbery convictions. The trial court ordered that the Defendant serve these two sentences consecutively. The Defendant’s remaining sentences were ordered to be served concurrently, resulting in a total effective sentence of forty-four years. The sole issue presented for our review is whether the trial court erred when it imposed partial consecutive sentences. Following our review, we conclude that the trial court abused its discretion when it imposed partial consecutive sentences, and the judgments of the trial court are, therefore, reversed.