State of Tennessee v. Brian Montrel Brawner, Randy Leon Miller, and Sam Edward Stevenson

The Madison County Grand Jury indicted the defendants, Brian Montrel Brawner, Randy Leon Miller, and Sam Edward Stevenson, with attempted first degree murder, aggravated assault, especially aggravated kidnapping, and aggravated arson for having assaulted, kidnapped, and set fire to the victim, Freddy Jones. At the conclusion of their joint trial, a Madison County jury convicted Defendants Brawner and Stevenson of aggravated assault, especially aggravated kidnapping, and facilitation of attempted first degree murder. The jury convicted Defendant Miller of aggravated assault, aggravated arson, especially aggravated kidnapping, and attempted first degree murder. The trial court merged Defendant Brawner’s and Defendant Stevenson’s aggravated assault convictions into their convictions for facilitation of attempted first degree murder and sentenced them to effective terms of thirty and fifty-three years, respectively. The trial court merged Defendant Miller’s aggravated assault conviction into his conviction for attempted first degree murder and sentenced him to an effective term of forty years in the Department of Correction. Defendant Miller raises the following four issues on appeal: (1) whether the evidence was sufficient to sustain his convictions for aggravated arson and especially aggravated kidnapping; (2) whether his dual convictions for attempted first degree murder and aggravated arson violate principles of double jeopardy; (3) whether the State should have been required to make an election of offenses for the aggravated assault charges; and (4) whether the trial court erred by ordering consecutive sentencing. Defendant Stevenson raises essentially two issues on appeal: (1) whether the evidence was sufficient to sustain his convictions for facilitation of attempted first degree murder and especially aggravated kidnapping; and (2) whether the State should have been required to elect the offenses for his aggravated assault charges. Defendant Brawner challenges the sufficiency of the evidence in support of his convictions for facilitation of attempted first degree murder and especially aggravated kidnapping. Following our review, we affirm the judgments of the trial court.