State of Tennessee v. Charles Person-Gibson

Charles Person-Gibson, Defendant, was indicted in a five-count indictment for first degree murder, felony murder, especially aggravated robbery, attempted aggravated robbery, and possession of a firearm by a convicted felon. During trial, Defendant sought a mistrial on the basis that the State elicited improper testimony about Defendant’s criminal record. The trial court denied the motion. The jury found Defendant guilty of first degree murder, felony murder, attempted especially aggravated robbery, and possession of a firearm by a convicted felon. Defendant was found not guilty of attempted aggravated robbery. The trial court merged the felony murder conviction with the first degree murder conviction. Defendant was sentenced to an effective sentence of life in prison plus twenty years. After the denial of a motion for new trial, Defendant appeals. On appeal, Defendant challenges the sufficiency of the evidence and the trial court’s refusal to grant a mistrial. After review, we affirm the judgments of the trial court but remand the matter to the trial court for amendment of the judgment forms to reflect the sentence as announced by the trial court at the sentencing hearing.