State of Tennessee v. Christopher Kirkendall

The defendant, Christopher Kirkendall, indicted for one count of attempted first degree murder and two counts of aggravated robbery, was convicted of facilitation of attempted second degree murder and two counts of facilitation of aggravated robbery, all Class C felonies. The trial court imposed a sentence of six years for facilitation of attempted second degree murder and, after merging the robbery convictions, imposed a five-year sentence for one count of facilitation of aggravated robbery.  The sentences were ordered to be served consecutively to each other and consecutively to a previously imposed twelve-year sentence for an unrelated offense. In this appeal of right, the defendant challenges the sufficiency of the identity evidence and argues that the sentences should be concurrently served. Since the filing of the briefs, the defendant has also asked to consider the impact of the ruling in Blakely v. Washington, 542 U.S. ____ , 124 S. Ct. 2531 (2004), as to the lengths of the sentences. The judgments are affirmed as modified.