State of Tennessee v. Stephano L. Weilacker

Appellant, Stephano L. Weilacker, was indicted by the Montgomery County Grand Jury for aggravated robbery and especially aggravated kidnapping for his role in the robbery of Triangle Kwik Stop in Montgomery County, Tennessee. At the conclusion of a jury trial, Appellant was found guilty of both offenses. Appellant was sentenced by the trial court to ten years for aggravated robbery and twenty years for especially aggravated kidnapping, to be served concurrently. The sentences were ordered to be served consecutively to an elevenyear sentence for aggravated robbery in another case. Appellant filed a motion for extension of time in which to file a motion for new trial more than thirty days after the entry of the judgments. The trial court granted the motion. Appellant filed a motion for new trial. After a hearing, the trial court denied the motion. On appeal, Appellant argues that the evidence was insufficient to support the convictions; that the trial court failed to properly charge the jury with lesser included offenses; and that the trial court improperly ordered consecutive sentencing. After a review of the record as a whole, we determine that the trial court improperly ruled on an untimely motion for new trial. Therefore, Appellant has waived all issues on appeal with the exception of sufficiency of the evidence, sentencing, and issues that would result in the dismissal of the prosecution. Because the evidence was sufficient to support the convictions and the trial court properly sentenced Appellant, the judgments of the trial court are affirmed.