State of Tennessee v. Carlton Smith

A Knox County jury convicted the defendant, Carlton Smith, of three counts of burglary and one count each of assault and theft. As a result of his convictions, the trial court sentenced the defendant to 12 years’ confinement for each count of burglary and 11 months and 29 days for assault and theft. The trial court merged the three burglary convictions into one count and ordered the defendant’s sentences to be served concurrently. On appeal, the defendant challenges the application of the burglary statute, challenges the sufficiency of the evidence supporting his convictions, and claims his misdemeanor convictions for theft and assault should merge into his conviction for burglary. After reviewing the record and considering the applicable law, we affirm the defendant’s convictions. However, we conclude the defendant’s convictions for assault and theft should be merged with his conviction for burglary and remand the matter to the trial court for entry of amended judgments in accordance with this opinion.