SCALES Argument - Boys' State at Cookeville, Tennessee
Lower Court Summary
A Davidson County Criminal Court jury convicted the defendant, Carl J. Wagner, of second degree murder, see T.C.A. § 39-13-210 (2006); first degree murder committed in the perpetration of an aggravated robbery, see id. § 39-13-202(a)(2); and especially aggravated robbery, see id. § 39-13-403. The trial court imposed concurrent sentences of 22 years’ incarceration, life imprisonment, and 22 years’ incarceration, respectively, and merged the conviction of second degree murder into the conviction of first degree murder. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions. We determine that there is insufficient evidence to support the defendant’s convictions of first degree murder committed in the perpetration of an aggravated robbery and especially aggravated robbery. We also determine, however, that there is sufficient evidence to support the defendant’s conviction of second degree murder. Accordingly, we affirm the defendant’s conviction in count one and remand that count for resentencing, and we reverse and dismiss the charges in counts two and three.