State of Tennessee v. Cedric Anthony

Defendant, Cedric Anthony, was indicted in count one for the aggravated robbery of Teresa Stegall, in count two for the aggravated robbery of Regina Davis, in count three for the aggravated robbery of Antoinette Hubbard, and in count four for the aggravated robbery of Leslie Ross. Following a jury trial, Defendant was convicted of all four counts of aggravated robbery and sentenced to eight years for each offense. The trial court ordered Defendant’s sentences for counts two, three, and four to be served concurrently, and his sentence for count one to be served consecutively to the other counts for an effective sentence of sixteen years. Defendant does not appeal the sufficiency of the convicting evidence but argues that his aggravated robbery convictions in counts three and four violate the principles of double jeopardy. Defendant does not argue on appeal that his conviction in count two of the aggravated robbery of Ms. Davis raises double jeopardy concerns. Defendant also argues that the trial court erred in ordering his sentence for count one, aggravated robbery, to be served consecutively to the other sentences. Since the filing of the briefs, Defendant has also asked us to consider the impact of the ruling in Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004) on his sentences. After a thorough review of the record, we affirm Defendant’s convictions for aggravated robbery in counts one and two. Because the facts and circumstances supporting the offenses in counts one, three, and four support only one conviction for aggravated robbery, we modify Defendant’s convictions for aggravated robbery in counts three and four to aggravated assault. We remand Defendant’s convictions in counts three and four for resentencing during which the trial court may only consider Defendant’s prior convictions as an enhancement factor under Blakely. We affirm Defendant’s convictions for aggravated robbery in counts one and two, and affirm the trial court’s imposition of consecutive sentencing.