State of Tennessee v. Lance Sandifer, Stephon Dante Cunningham, Tornita Crenshaw, & Glenard Thorne

Based upon events on November 7, 2006, the Davidson County Grand Jury indicted Appellants, Tornita Crenshaw, Stephon Dante Cunningham, Lance Sandifer, and Cortez Thorne for two counts of aggravated robbery, one count of aggravated burglary, and two counts of especially aggravated kidnapping. In addition, Appellants Crenshaw, Cunningham, and Thorne were indicted for two counts of facilitation to commit aggravated rape; Appellants  Crenshaw and Cunningham were indicted for two counts of coercion of a witness; and Appellant Sandifer was indicted for four counts of aggravated rape. Appellants were tried jointly in August 2008. Appellants were convicted of the following crimes: Appellant Crenshaw – one count of robbery, one count of aggravated robbery, one count of aggravated burglary, one count of especially aggravated kidnapping, and one count of coercion of a witness; Appellant Cunningham – two counts of aggravated robbery, one count of aggravated burglary, two counts of facilitation of aggravated rape, two counts of especially aggravated kidnapping and one count of coercion of a witness; Appellant Thorne – two counts of aggravated robbery, one count of aggravated burglary, two counts of facilitation of aggravated rape, and two counts of  especially aggravated kidnapping; Appellant Sandifer – two counts of aggravated robbery, one count of aggravated burglary, four counts of aggravated rape, one count of attempted aggravated rape, and two counts of especially aggravated kidnapping. After a sentencing hearing, the trial court sentenced the Appellants to the following effective sentences: Appellant Crenshaw – twenty-three years; Appellant Cunningham – fifty-two years; Appellant Thorne – fifty-two years; Appellant Sandifer – onehundred and eight years. Appellants now argue several issues on appeal. These issues include: (1) that the evidence was insufficient to support their convictions (all Appellants); (2) that the trial court erred in not apply mitigating factors, applying enhancement factors, the weight given to the factors and imposing consecutive sentences (all Appellants); (3) that the trial court failed to merge the especially aggravated kidnapping convictions into either aggravated robbery or aggravated rape convictions (Appellants Sandifer, Thorne, and Cunningham); (4) that the trial court failed to grant Appellants’ motions for severance (Appellants Thorne and Cunningham); (5) that the trial court failed to merge Appellant Sandifer’s four convictions for aggravated rape and attempted aggravated rape as one single act of rape; (6) that the trial court erred in denying Appellant Thorne’s motion in limine to exclude the victims from the courtroom; and (7) that the trial court erred in denying Appellant Thorne’s motion to require the State to elect the facts upon which it was relying for the two counts of especially aggravated kidnapping. We have thoroughly reviewed the record on appeal and conclude that Appellants’ issues do not require either the reversal of any of their convictions or an adjustment to their sentences. For this reason, we affirm the judgments of the trial court.