State of Tennessee v. Tracy Frank Leonard

The defendant, Tracy Frank Leonard, was convicted of first degree premeditated murder, felony murder, two counts of especially aggravated kidnapping, rape, and theft over $1,000. The trial court merged the convictions for first degree premeditated murder and felony murder and also merged the convictions for especially aggravated kidnapping into a single conviction. The defendant received a life sentence for the first degree murder, twenty-five years for especially aggravated kidnapping, eight years for rape, and two years for theft over $1,000. The trial court ordered that the sentences for especially aggravated kidnapping and rape be served consecutively to the life sentence and consecutively to each other. The sentence for the theft is to be served concurrent with the sentence for rape. The effective sentence is, therefore, life plus thirty-three years. In this appeal as of right, the defendant alleges (1) that the trial court erred by admitting the testimony of several witnesses; (2) that the evidence is insufficient to support his convictions for especially aggravated kidnapping and rape; (3) that the trial court erred by restricting his right to cross-examination of witnesses; (4) that the trial court erred by failing to grant a new trial based on the State's failure to disclose exculpatory evidence; (5) that the trial court erred by failing to grant a mistrial; (6) that the trial erred in its instructions to the jury; (7) that the trial court misapplied certain enhancement factors to his sentences for especially aggravated kidnapping and rape; and (8) that the cumulative effect of the trial court's errors denied him the right to a fair trial. We affirm the convictions and judgments for first degree murder, especially aggravated kidnapping where the victim suffers serious bodily injury, rape, and theft over $1,000. We conclude the sentences imposed were proper. The defendant's conviction for especially aggravated kidnapping accomplished by the use of a deadly weapon is reversed and remanded for a new trial because of the trial court's failure to instruct the jury as to lesser-included offenses.