State of Tennessee v. Carvin Lamont Thomas

The Davidson County Grand Jury returned an eight count indictment against Defendant, Carvin Lamont Thomas, as follows: count one, especially aggravated robbery of Darrell Roundtree; count two, aggravated burglary of a habitation; count three, aggravated burglary of a habitation; count four, especially aggravated kidnapping of William Swift; count five, especially aggravated kidnapping of Darrell Roundtree; count six, especially aggravated kidnapping of Derrick Salter; count seven, unlawful possession of a handgun at a place open to the public; and count eight, possession with the intent to sell .5 grams or more of cocaine, a Schedule II controlled substance.  At the close of the State's proof, the trial court dismissed count three, aggravated burglary of a habitation, and count five, especially aggravated kidnapping of Darrell Roundtree. Following a jury trial, Defendant was convicted of counts one, two, four, seven and the lesser included offense of simple possession on count eight. The trial court declared a mistrial as to count six. After a sentencing hearing, the trial court sentenced Defendant to ten years for the especially aggravated robbery conviction, six years for the aggravated burglary conviction, twenty-four years for the especially aggravated kidnapping conviction, eleven months and twenty-nine days for the possession of a handgun conviction, and eleven months and twenty-nine days for simple possession of a Schedule II controlled substance. The trial court ordered the sentences for especially aggravated robbery, aggravated burglary and especially aggravated kidnapping to run consecutively.  Defendant’s sentences for possession of a handgun and possession of a controlled substance were ordered to run concurrently with his other sentences, for an effective sentence of forty years. In his direct appeal, Defendant challenges only his conviction for especially aggravated kidnapping alleging that (1) the trial court erred in not granting Defendant’s motion for judgment of acquittal as to the charge of especially aggravated kidnapping; and (2) Defendant’s conviction for especially aggravated kidnapping violates due process principles as outlined in the Tennessee Supreme Court's decision in State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). We affirm the judgment of the trial court.