State of Tennessee v. Anthony Cook

Following a jury trial, Defendant, Anthony Cook, was convicted of attempted first degree premeditated murder, a Class A felony, and two counts of aggravated assault, a Class C felony. The trial court sentenced Defendant as a Range I, standard offender, to twenty years for his attempted murder conviction and three years for each aggravated assault conviction. The trial court ordered Defendant to serve his sentences concurrently for an effective sentence of twenty years. On appeal, Defendant challenges the sufficiency of the convicting evidence and argues that the trial court erred in admitting into evidence the photographic lineup used by a State’s witness to identify Defendant as the perpetrator of the offense. After a thorough review, we conclude as plain error that Defendant’s convictions of the two counts of aggravated assault in addition to the conviction for attempted first degree premeditated murder violates double jeopardy principles. Accordingly, we merge Defendant’s convictions of aggravated assault into his conviction of attempted first degree premeditated murder. Weaffirm the trial court’s judgment as to Defendant’s conviction of attempted first degree premeditated murder and his sentence of twenty years. We remand solely for the correction and entry of an appropriate judgment  consistent with this opinion.