State of Tennessee v. Randy Parham

The defendant, Randy Parham, was convicted by a Shelby County Criminal Court jury of attempted first degree premeditated murder, a Class A felony; aggravated robbery, a Class B felony; theft of property valued at $1000 or more, a Class D felony; and domestic assault causing bodily injury, a Class A misdemeanor. He was sentenced by the trial court as a Range II offender to thirty-five years at 100% for the attempted first degree murder conviction, fifteen years at 100% for the aggravated robbery conviction, six years at 35% for the theft conviction, and eleven months, twenty-nine days for the misdemeanor assault conviction. Finding the defendant to be a dangerous offender, the trial court ordered that the sentences for his felony convictions be served consecutively to each other, for a total effective sentence of fifty-six years in the Department of Correction. The defendant raises essentially three issues on appeal: (1) whether the evidence was sufficient to sustain his felony convictions; (2) whether the trial court erred by not merging the aggravated robbery conviction with the theft conviction and the attempted murder conviction with the assault conviction; and (3) whether the trial court erred in sentencing. Based on our review, we
conclude that the evidence was sufficient to sustain the convictions but that the defendant’s domestic assault conviction should have been merged into the conviction for attempted first degree murder. We further conclude that the trial court did not make adequate findings in support of the sentences imposed. We, therefore, merge the domestic assault conviction into the conviction for attempted first degree murder and remand for resentencing and for the entry of corrected judgments to reflect the merger and the fact that the defendant was convicted in count four of theft of $1000 or more, rather than theft of $10,000 or more as erroneously marked on the judgment.