State of Tennessee v. Trutonio Yancey and Bernard McThune

A Shelby County jury convicted appellant Trutonio Yancey of aggravated robbery, especially aggravated kidnapping, carjacking, and employing a firearm during the commission of a dangerous felony. The jury also convicted appellant Bernard McThune of aggravated robbery. The trial court sentenced appellant Yancey to an effective twenty-year sentence and sentenced appellant McThune to a twelve-year sentence. In this consolidated appeal, both appellants challenge the sufficiency of the convicting evidence. In addition, appellant Yancey argues that the trial court erred in not requiring the State to elect upon which dangerous felony it relied for the employing a firearm during the commission of a dangerous felony charge, and appellant McThune argues that the trial court erred by not applying mitigating factors when sentencing him. After reviewing the record, the parties’ briefs, and applicable law, we affirm appellant Yancey’s convictions for aggravated robbery and especially aggravated kidnapping. Discerning error, we reverse appellant Yancey’s convictions for carjacking and employing a firearm during the commission of a dangerous felony and remand the case for a new trial. We affirm appellant McThune’s conviction and sentence.