State of Tennessee v. Casey Colbert

Casey Colbert (“the Defendant”) was convicted by a jury of first degree felony murder; attempted aggravated robbery; employing a firearm during the commission of a dangerous felony; two counts of bribing a witness; and two counts of coercing a witness. The trial court sentenced the Defendant to life imprisonment for the murder conviction. After a hearing, the trial court merged the two convictions for coercing a witness into a single conviction and sentenced the Defendant to six years for the attempted aggravated robbery conviction; six years for the firearm conviction; six years for each of the bribery convictions; and four years for the coercion conviction. The trial court ordered partial consecutive service for an effective sentence of life plus twenty-two years, all to be served in the Tennessee Department of Correction. In this direct appeal, the Defendant contends that (1) the evidence is not sufficient to support his murder conviction; (2) the trial court erred in consolidating the offenses against the witness with the other offenses; (3) the prosecutor engaged in improper argument; (4) cumulative errors entitle him to a new trial; and (5) his sentence is excessive. Upon our thorough review of the record and the applicable law, we hold that the trial court committed error in consolidating the indictments. As to the Defendant’s convictions of first degree murder and attempted aggravated robbery, we hold that the trial court’s error was harmless. As to the Defendant’s convictions for bribing and coercing a witness, we hold that the error was not harmless. Accordingly, we reverse the Defendant’s convictions of bribing and coercing a witness and remand those charges for further proceedings. Because the Defendant did not employ a firearm during the commission of a “dangerous felony,” as that term is defined by statute, we reverse the Defendant’s conviction of that offense. We affirm the Defendant’s convictions of first degree felony murder and attempted aggravated robbery, and we remand this matter for a new sentencing hearing on those offenses.