State of Tennessee v. Jacob Andrew Brown

On January 18, 2011, Ed and Bertha Walker were found beaten to death in their home. In March 2011, Appellant, Jacob Andrew Brown, was indicted by the Tipton County Grand Jury for two counts of premeditated first degree murder, two counts of felony murder, and two counts of especially aggravated burglary. Appellant was sixteen at the time the crimes were committed. The juvenile court held a transfer hearing and determined that Appellant should be tried as an adult in the circuit court. At the conclusion of a jury trial, Appellant was found guilty of each count. The trial court merged the two felony murder convictions into the two premeditated first degree murder convictions and merged one especially aggravated burglary charge into the other. Appellant was sentenced to life without parole for the two murder convictions and eight years to be served at 100% for the especially aggravated burglary conviction. The trial court ordered that all the sentences were to be served consecutively. On appeal, Appellant argues that the juvenile court improperly determined that his case should be transferred to the circuit court and that the evidence was insufficient to support his convictions. After a thorough review of the record, we conclude that Appellant cannot succeed on these issues. However, because the death of the victim is the serious bodily injury upon which his especially aggravated burglary convictions are based, we remand to the trial court for entry of a judgment reflecting a modified conviction of aggravated burglary and for re-sentencing.