State of Tennessee v. Gabriel Seth Box

A Henderson County jury convicted the Defendant, Gabriel Seth Box, of first degree premeditated murder, theft of a firearm, and two counts of tampering with evidence. The trial court imposed an effective sentence of life plus six years. On appeal, the Defendant raises two issues: (1) whether the trial court erred in denying his motion to continue the trial date so that he could present an expert witness; and (2) whether the trial court erred in imposing consecutive sentencing. Upon our review, we conclude that the Defendant’s motion to continue should have been granted, though the error was harmless in light of the expected testimony of the defense expert. We also conclude that the case should be remanded for reconsideration of consecutive sentencing under the factors outlined in State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). Accordingly, we respectfully affirm in part, reverse in part, and remand the case for reconsideration of the issues related to consecutive sentencing.