STATE OF TENNESSEE v. JOSEPH I. TOLBERT III a/k/a MICAH JOSHUA FORD - Articles

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Posted by: Amelia Ferrell Knisely on May 27, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Liddell Kirk (on appeal) and Thomas Slaughter (at trial), Knoxville, Tennessee, for the appellant, Joseph I. Tolbert III.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Randall E. Nichols, District Attorney General; and Kevin Allen, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): MONTGOMERY

The Defendant, Joseph I. Tolbert III,1 was convicted by a Knox County Criminal Court jury of three counts of first degree felony murder, first degree premeditated murder, attempt to commit first degree murder, two counts of especially aggravated robbery, and two counts of especially aggravated burglary. The convictions for felony murder and premeditated first degree murder were merged and the Defendant received an effective sentence of life plus twenty-two years. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) his convictions for especially aggravated burglary are statutorily barred, and (3) his convictions for especially aggravated burglary violate double jeopardy principles. We affirm the judgments of the trial court relative to first degree felony murder, attempted first degree murder, and one of the especially aggravated robbery convictions. We merge the convictions for especially aggravated burglary to reflect one conviction for aggravated burglary and reduce the second conviction for especially aggravated robbery to aggravated assault and remand for resentencing relative to these counts.