State of Tennessee v. Timothy Davale Martin

A Davidson County jury convicted the Defendant-Appellant, Timothy Davale Martin, of attempted especially aggravated robbery, attempted second degree murder, attempted aggravated robbery, and aggravated assault. The trial court sentenced him as a Range I, standard offender to an effective sentence of thirteen years in confinement. On appeal, the Defendant argues that: (1) the evidence is insufficient to sustain his convictions; (2) the trial court committed plain error in failing to merge the convictions for attempted aggravated robbery and aggravated assault; and (3) the trial court erred in imposing a sentence of confinement. Upon review, we conclude that the evidence is sufficient to support the convictions. However, the Defendant’s dual convictions for attempted aggravated robbery and aggravated assault violate double jeopardy protections. Accordingly, we vacate his aggravated assault conviction in count four and remand the matter to the trial court for entry of an amended judgment reflecting the merger of the Defendant’s aggravated assault conviction into his attempted aggravated robbery conviction in count two. The judgments of the trial court are affirmed in all other respects.