State of Tennessee v. Marcus Johnson

Defendant, Marcus Johnson, was convicted by a jury in the Shelby County Criminal Court of felony murder and two counts of especially aggravated robbery. Defendant was sentenced to life imprisonment for the felony murder conviction and twenty years for each especially aggravated robbery conviction. The trial court ordered the twenty-year sentences to run consecutive to each other, and one twenty-year sentence to run concurrent with the life sentence, and the other to run consecutive with the life sentence. In this appeal as of right, Defendant argues that: (1) the trial court erred in denying his motion to suppress incriminating statements made by Defendant to the police; (2) the evidence at trial was insufficient to support his convictions beyond a reasonable doubt; and (3) the trial court erred in failing to instruct the jury as to the weight to be given to the supplemental jury charge. After a review of the record, we affirm Defendant's conviction for felony murder. We conclude, however, that the constitutional protections against double jeopardy require reversal of one of Defendant's convictions for especially aggravated robbery. Accordingly, we affirm one of Defendant's especially aggravated robbery convictions. We modify the other especially aggravated robbery conviction to aggravated assault and remand for resentencing, for the reasons stated herein.