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Posted by: Landry Butler on Dec 7, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Wesley D. Stone (on appeal) and Keith Hatfield (at trial), Knoxville, Tennessee, for the appellant, Dale Albert Greca.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Jared R. Effler, District Attorney General; and Tom Barclay, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): DYER

A Campbell County Criminal Court jury convicted the defendant, Dale Albert Greca, of especially aggravated kidnapping, robbery, unlawfully carrying a firearm in a public place, and driving on a suspended license – second offense. As a result of his convictions, the defendant received an effective sentence of twenty-four years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to sustain his conviction for especially aggravated kidnapping. He argues the confinement and removal of the victim did not substantially interfere with the victim’s liberty and the confinement was simply incidental to the robbery. He also contends that the evidence is insufficient to support a finding that the kidnapping was accomplished with a deadly weapon because the jury found him guilty of the lesser-included offense of robbery rather than the indicted offense of aggravated robbery. Discerning no error, we affirm the judgments of the trial court.