STATE OF TENNESSEE v. WALTER H. WEBB - Articles

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Posted by: Chandra Williams on Dec 11, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Comer L. Donnell, District Public Defender, and Kelly A. Skeen and John Gholson, Assistant Public Defenders, for the appellant, Walter H. Webb.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Tom P. Thompson, District Attorney General; and Thomas Swink, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Walter H. Webb, was convicted by a Wilson County jury of one count of aggravated burglary, one count of aggravated assault, four counts of aggravated domestic assault, one count of employing a firearm during the commission of a dangerous felony, and one count of aggravated cruelty to animals. The trial court sentenced Defendant to a total effective sentence of twenty years? incarceration. On appeal, Defendant argues that the trial court erred by failing to dismiss the charge of employing a firearm during the commission of a dangerous felony on the ground that it violated the protection against double jeopardy, that the State failed to prove the requisite mens rea for aggravated assault, and that the trial court erred in determining the length of Defendant?s sentences and ordering that some of the sentences run consecutively. Upon our review of the record, we conclude that Defendant?s convictions do not violate double jeopardy principles, that the evidence is sufficient to sustain Defendant?s convictions, and that the trial court did not err in determining the length of Defendant?s sentences. After de novo review of Defendant?s consecutive sentences, we affirm the alignment of the sentences imposed by the trial court.

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