State of Tennessee v. Brandon Wallace

The Appellant, Brandon Wallace, appeals the sentencing decision of the Lauderdale County Circuit Court. Following a jury trial, Wallace was convicted of two counts of attempted first degree murder, attempted second degree murder, attempted especially aggravated robbery, especially aggravated burglary, and felony reckless endangerment. Wallace’s conviction for attempted especially aggravated robbery was merged with his conviction for especially aggravated burglary. Following a direct appeal of his convictions and sentences, a panel of this court affirmed the convictions but remanded for resentencing in accordance with Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2005). After a resentencing hearing was conducted, Wallace was sentenced to twenty years for each attempted first degree murder conviction, eight years for attempted second degree murder, eight years for attempted especially aggravated robbery, eight years for especially aggravated burglary, and one year for felony reckless endangerment. Based upon the imposition of partial consecutive sentencing, Wallace received an effective sentence of forty-years confinement. On appeal, he challenges the trial court’s application of enhancement factors, failure to apply mitigating factors, and imposition of consecutive sentencing. After review, the sentences are affirmed. However, we remand for entry of corrected judgment of conviction forms to properly reflect merger of the offenses and imposition of the aggregate forty-year sentence.