State of Tennessee v. John Britt

The defendant, John Britt, appeals as of right his jury convictions in Shelby County Criminal Court for two counts of solicitation of first degree murder. The trial court imposed consecutive sentences of ten years as a Range I, standard offender for each count, resulting in a total effective sentence  of twenty years. On appeal, he asserts that the trial court committed plain error in its admission of allegedly improper testimony, in failing to declare a mistrial due to improper behavior by the prosecutors during the trial, and in failing to adequately instruct the jury after the defendant was improperly impeached regarding a prior bad act. He also asserts that the trial court improperly overruled the defendant’s objection to testimony and commented on the evidence in the presence  of the jury. Finally, he urges this court to find plain error in the trial court’s sentencing for multiple reasons, including allegations that the imposition of the enhanced length and consecutive manner of service violates Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). Following our review, we affirm the defendant’s convictions for solicitation of first degree murder but conclude that the trial court’s imposition of sentences beyond the presumptive minimum violated Blakely. Therefore, upon remand, the trial court shall enter judgments to reflect sentences of eight years, for each count, to be served consecutively.