State of Tennessee v. Michael Anthony Logan

Aggrieved of his Davidson County Criminal Court jury convictions of attempted especially aggravated robbery, aggravated robbery, carjacking, reckless endangerment, and three counts of aggravated assault, the defendant appeals.  He claims that (1) the trial court erred by denying his motion to dismiss based upon a violation of his right to a speedy trial; (2) the trial court denied his right to due process of law by failing to rule on his pretrial motions; (3) the evidence was insufficient to support his convictions of attempted especially aggravated robbery, aggravated robbery, and aggravated assault; (4) his conviction of reckless endangerment is void because that offense was not a lesser included offense of the charged offense of aggravated assault; (5) the dual convictions of aggravated robbery and carjacking violate principles of double jeopardy; (6) he was denied the constitutional right to confront the witnesses against him; (7) the trial court’s failure to enforce its subpoenas denied him the right to compulsory process; (8) the trial court should have either excluded certain evidence or granted the defendant’s motion for a continuance; (9) the trial court erred by denying his motion to suppress certain evidence; (10) the trial court erred by failing to exclude an out-of-court identification of the defendant; (11) the trial court erred by failing to order the production of certain evidence; and (12) the trial court erred by imposing consecutive sentences.  Because felony reckless endangerment is not a lesser included offense of aggravated assault, the defendant’s conviction of that offense is reversed, and that count is remanded for a new trial on the remaining lesser included offense of assault.  We affirm the judgments of the trial court in all other respects.