STATE OF TENNESSEE v. MICHAEL WAYNE STROUTH

A Sullivan County jury convicted the Defendant, Michael Wayne Strouth, of first degree
premeditated murder and conspiracy to comrnit first degree premeditated rnurder. The trial
court irnposed a life sentence for the first degree murder conviction and a consecutive
twenty-five year sentence for the conspiracy conviction. On appeal, the Defendant asserts
that: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred when
it failed to give jury instructions on enhanced identification and general inferences; and (3)
the trial court abused its discretion when it sentenced hirn. After review, we affirm the
convictions and the Defendant's life sentence for first degree prerneditated murder;
however, we vacate the Defendant's sentence for conspiracy to commit first degree murder
and the trial court's imposition of partial consecutive sentencing. We remand this case to
the trial court for a new sentencing hearing.