State of Tennessee v. Garry Baker

The Defendant, Garry Baker, was convicted by a Rutherford County Circuit Court jury of attempt to commit voluntary manslaughter, a Class D felony, and two counts of aggravated assault, Class C felonies.  See T.C.A. §§ 39-13-211 (2014), 39-12-101 (2014), 39-13-102 (2014).  The trial court merged the convictions into a single count of aggravated assault and sentenced the Defendant as a Range II, multiple offender to eight years to be served consecutively to a previously imposed sentence.  On appeal, the Defendant contends that the trial court erred (1) by permitting the State to introduce evidence of his previous conviction and (2) by imposing consecutive service.  We reverse the judgments of the trial court and remand the case for a new trial.