State of Tennessee v. Undray Luellen

The Defendant-Appellant, Undray Luellen, was indicted by the Shelby County Criminal Court for three counts of especially aggravated kidnapping, one count of aggravated robbery, and one count of aggravated burglary. The aggravated robbery count was dismissed during trial, without opposition from the State, following the defense’s motion for judgment of acquittal. At the conclusion of the jury trial, Luellen was convicted of two counts of especially aggravated kidnapping, a Class A felony; one count of aggravated kidnapping, a Class B felony, and one count of aggravated criminal trespass, a Class A misdemeanor. He was sentenced as a Range I, violent offender to two consecutive sentences of twenty-two years for the especially aggravated kidnapping convictions and a concurrent ten-year sentence for the aggravated kidnapping conviction. He was also sentenced to a concurrent sentence of eleven months and twenty-nine days for the aggravated criminal trespass conviction. The trial court merged the aggravated kidnapping conviction involving the child victim with the especially aggravated kidnapping conviction involving the child victim. The trial court then imposed an effective sentence of forty-four years in the Tennessee Department of Correction. In this appeal, Luellen argues: (1) the trial court erred in admitting three items of testimony; (2) the trial court erred in refusing to consolidate his two indictments for especially aggravated kidnapping; (3) the trial court erred in ruling that his prior conviction for aggravated robbery was admissible for impeachment purposes; (4) the cumulative errors at trial required a reversal; and (5) his sentence was excessive. Upon review, we affirm the judgments of the trial court but remand for entry of a corrected judgment to insert a service  percentage of seventy-five percent for the aggravated criminal trespass conviction.