State of Tennessee v. Tommy Lee Clark

The defendant, Tommy Lee Clark, was convicted of aggravated burglary, a Class C felony; attempted aggravated burglary, a Class D felony; and possession of a deadly weapon other than a firearm with the intent to employ it during the commission of a dangerous offense, a Class E felony.  The trial court sentenced him to fifteen years, twelve years, and six years, respectively, and ordered that each sentence run consecutively for an effective sentence of thirty-three years. On appeal, the defendant argues that (1) the evidence was insufficient to support his convictions for aggravated burglary and attempted aggravated burglary because the State presented no proof regarding his intent to commit a theft; (2) the indictment for attempted aggravated burglary was defective because it did not state an essential element of the offense; (3) the trial court erred in holding that a box cutter is a deadly weapon; and (4) the trial court erred in imposing consecutive sentencing. Following our review, we affirm the judgments of the trial court.