State of Tennessee v. Kevin Swift

In October 2005, the Shelby County Grand Jury indicted the defendant, Kevin Swift, on two counts
of aggravated robbery, a Class B felony. Following a jury trial in Shelby County Criminal Court,
the defendant was convicted on both counts of the indictment; however, upon stipulation of the
parties one of the defendant’s convictions was reduced to the lesser included offense of aggravated assault, a Class C felony. The trial court sentenced the defendant to eleven years as a Range I, standard offender on the aggravated robbery conviction and nine years as a Range II, multiple offender on the aggravated assault conviction. The trial court ordered these sentences to be served consecutively. The defendant appeals, asserting that: (1) the evidence produced at trial was insufficient to support his aggravated robbery conviction; (2) the sentences imposed for both
sentences were excessive in that they were enhanced based on factors not found by the jury beyond a reasonable doubt; and (3) the trial court improperly imposed consecutive sentences. After reviewing the record, we affirm the judgments of the trial court.