State of Tennessee v. Montreal Portis Robinson

A Madison County jury found the Defendant, Montreal Portis Robinson, guilty of felony
murder in the perpetration of a theft, especially aggravated kidnapping, robbery, and theft
of property. On appeal, the Defendant argues that the evidence is insufficient to sustain
his convictions. We conclude that the evidence is sufficient to support the Defendant’s
convictions for especially aggravated kidnapping and robbery. However, we also conclude
that the evidence is insufficient to support the Defendant’s convictions for theft and felony
murder in the perpetration of a theft. Accordingly, we dismiss the theft charge, and we
modify the Defendant’s conviction for felony murder to that of second degree murder as a
lesser-included offense. We respectfully remand the case for further proceedings
consistent with this opinion, including the entry of a modified judgment and a sentencing
hearing on the conviction for second degree murder.