State of Tennessee v. David Anthony Avery and Frederick Alexander Avery, (a/k/a Alex Avery)

Case Number
M2008-01809-CCA-R3-CD

A Davidson County jury convicted the Defendants, David Anthony Avery and Frederick Alexander
(“Alex”) Avery , of aggravated robbery, especially aggravated robbery, reckless endangerment, and attempted second degree murder. The trial court sentenced David Avery to a forty-nine year effective sentence and Frederick Avery, a violent offender, to life without the possibility of parole. On appeal, David Avery contends: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred when it enhanced his sentences; and (3) the trial court erred when it ordered his sentences run consecutively. On appeal, Frederick Avery contends: (1) the evidence is insufficient to sustain his convictions; and (2) the trial court erred when it sentenced him as a violent offender. After thoroughly reviewing the record and applicable authorities, we affirm the trial court’s judgments.

Authoring Judge
Judge Robert W. Wedemeyer
Originating Judge
Judge Cheryl A. Blackburn
Case Name
State of Tennessee v. David Anthony Avery and Frederick Alexander Avery, (a/k/a Alex Avery)
Date Filed
Dissent or Concur
This is a dissenting opinion