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Posted by: Landry Butler on Aug 25, 2017

Court: TN Supreme Court

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Andre´e S. Blumstein, Solicitor General; Leslie E. Price, Senior Counsel; Glenn Funk, District Attorney General; and Janice Norman, Assistant District Attorney General, for the appellant, the State of Tennessee.

Attorneys 2:

Dawn Deaner, District Public Defender; Jeffrey A. DeVasher (on appeal), Laura J. Getz and Mary Kathryn Harcombe (at trial), Assistant Public Defenders, Nashville, Tennessee, for the appellee, Christopher Scottie Itzol-Deleon.

Judge(s): BIVINS

We granted the State’s application for permission to appeal in this case in order to determine (1) whether we should expressly overrule our decision in State v. Barney, 986 S.W.2d 545 (Tenn. 1999), and (2) whether the Court of Criminal Appeals erred in merging two of the Defendant’s convictions. We expressly overrule Barney and hold that double jeopardy principles apply when determining whether multiple convictions of sexual offenses arise from a single act of sexual assault. We further hold that, in light of the factors we adopt herein, under the facts and circumstances of this case, the Court of Criminal Appeals did not err in merging two of the Defendant’s multiple convictions. Accordingly, albeit for different reasons, we affirm the judgment of the Court of Criminal Appeals.