State of Tennessee vs Phedrek Davis

We granted the Defendant’s request for permission to appeal to address the propriety of jury instructions requiring the jury to reach a unanimous decision to acquit of a greater offense before considering a lesser-included offense. We hold that such jury instructions are proper and do not violate the Defendant’s right to trial by jury. We also hold that the trial court’s imposition of consecutive sentences did not violate the Defendant’s federal Sixth Amendment rights. While the Defendant has raised several other issues, we have determined that the Court of Criminal Appeals correctly held that they do not entitle the Defendant to relief. Accordingly, we affirm the Defendant’s convictions and sentences.