State of Tennessee v. Matthew Reynolds, Alphonso Richardson, Cynthia Dianne Skipper, and Derek Vicchitto

For their involvement in the death of the victim, Shirley Beck, the defendants, Matthew Reynolds, Alphonso Richardson, Cynthia Dianne Skipper, and Derek Vicchitto, were charged with one count of first degree murder (count one), one count of felony murder (count two), three counts of aggravated sexual battery (counts three, four, and five), and one count of especially aggravated kidnapping (count six). The trial court dismissed the three aggravated sexual battery counts against all four defendants before a jury convicted them of especially aggravated kidnapping. Additionally, in counts one and two, Defendants Reynolds and Richardson were convicted of first degree murder and felony murder as charged, Defendant Skipper was convicted of two counts of the lesser-included offense of criminally negligent homicide, and Defendant Vicchitto was convicted of two counts of the lesser-included offense of facilitation of second degree murder. The trial court merged each of the defendants’ convictions in counts one and two and imposed various sentences to each defendant. For Richardson’s convictions, the trial court imposed a life sentence plus twenty-five years which he challenges as excessive on appeal. Richardson, Reynolds, and Skipper challenge the sufficiency of the evidence supporting their convictions, both Richardson and Reynolds argue the trial court erred in instructing the jury, and Vicchitto challenges the trial court’s evidentiary ruling denying character evidence offered from his mother at trial. After our review, we affirm the evidence was sufficient to support the defendants’ convictions, conclude the trial court properly sentenced Richardson, and determine the trial court did not err in instructing the jury or in denying character evidence on behalf of Vicchitto. However, in merging each of the defendants’ convictions in counts one and two, the trial court failed to impose a sentence for the merged conviction. Therefore, we remand the case to the trial court for sentencing and the entry of completed judgment forms as to counts one and two for each defendant.