State of Tennessee v. Mark Anthony Foulk

The Defendant, Mark Anthony Foulk, was convicted by a jury of: one count of aggravated robbery, a Class B felony; one count of aggravated burglary, a Class C felony; one count of vandalism in the amount of $500 or less and one count of driving under the influence, both Class A misdemeanors; one count of speeding and one count of failure to obey a traffic control device, both Class C misdemeanors. He was sentenced to an effective term of eighteen years in the Department of Correction. In this direct appeal, the Defendant contends that (1) the evidence at trial was insufficient to establish his identity as the perpetrator of the vandalism, aggravated burglary, or aggravated robbery, and was otherwise insufficient to prove the elements of aggravated robbery; (2) the trial court erroneously instructed the jury on the elements of aggravated burglary; (3) he was effectively denied his right to a jury trial; (4) the court improperly instructed the jury that a certain State’s witness, Detective Dale Quillen, was an expert on gunshot wounds and stippling; (5) the court improperly enhanced his sentences for aggravated burglary and aggravated robbery; and (6) the court improperly ordered consecutive sentences. We agree with the Defendant that the evidence at trial was insufficient to convict him of aggravated robbery, and accordingly modify this conviction to the lesser included offense of robbery. We also conclude that the trial court improperly enhanced the Defendant’s sentences and failed to make the required findings to impose consecutive sentences.  We conclude that the Defendant’s other points of error lack merit. The case is remanded to the trial court for resentencing.