State of Tennessee v. Dontae Lamont Brown

A Lauderdale County Circuit Court jury convicted the appellant, Dontae Lamont Brown, of attempted first degree murder and aggravated assault. The trial court sentenced him to thirty-two years and eight years, respectively, and merged the convictions. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions, (2) the trial court erred by giving the jury a flight instruction, and (3) the trial court improperly enhanced his sentences. Based upon the record and the parties’ briefs, we affirm the jury’s guilty verdicts and the appellant’s thirty-two-year sentence for attempted murder. However, given that the trial court merged the aggravated assault conviction into the attempted murder conviction, the court should have entered only one judgment of conviction. Therefore, we remand the case for the trial court to enter a single judgment reflecting the merger of the convictions.