State of Tennessee v. James Ruben Conyers

The appellant, James Ruben Conyers, was convicted by a jury in the Houston County Circuit Court of especially aggravated burglary, a Class B felony; especially aggravated robbery, a Class A felony; and attempted first degree murder, a Class A felony. Following a sentencing hearing, the trial court sentenced the appellant to an effective sentence of eighty years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises numerous issues relating to the sufficiency of the evidence, the admission of evidence, the sufficiency of the indictment, the jury instructions, and sentencing. Upon review of the record and the parties' briefs, we find no merit to the appellant's contentions. However, we recognize as plain error that the appellant's conviction for especially aggravated burglary was prohibited under Tennessee Code Annotated section 39-14-404(d) (1997). Accordingly, we modify the conviction to aggravated burglary and reduce the appellant's sentence for this conviction to ten years incarceration, for a total effective sentence of eighty years.