State v. Andre Chamberlain ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED AUGUST SESSION, 1998 August 31, 1998 Cecil W. Crowson STATE OF TENNESSEE, ) Appellate Court Clerk C.C.A. NO. 01C01-9710-CR-00490 ) Appellee, ) ) ) DAVIDSON COUNTY VS. ) ) HON. J. RANDALL WYATT ANDRE CHAMBERLAIN, ) JUDGE ) Appe llant. ) (Direct Ap peal) FOR THE APPELLANT: FOR THE APPELLEE: ROBERT P. BALLINGER JOHN KNOX WALKUP 601 Woodland Street Attorney General and Reporter Nashville, TN 37206 TIMOTHY F. BEHAN Assistant Attorney General 425 Fifth Avenu e North Nashville, TN 37243-0493 VICTOR S. JOHNSON District Attorney General PAUL DEWITT Assistant District Attorney Suite 500, 222-2nd Avenue N. Nashville, TN 37201-1649 OPINION FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 JERRY L. SMITH, JUDGE OPINION Appellant was convicted of one count of possession with intent to sell; two counts of aggravated assault; one count of disorderly conduct; one count of resisting arrest; and one count of evading arrest, from an incident where he walked away from police afficers who approached the group in which he was standing. The trial court sen tenced Ap pellant to a total of 40 yea rs by running the possession and aggravated assault convictions consecutively. The rema ining convictions were run concu rrently. State v. Cha mbe rlain, C.C.A. No. 01C01- 9509-Cr-00304, Davidson County (Tenn. Crim. App., Nashville, October 17, 1996). On appeal this Court ruled that the aggravated assault offenses were simp le assaults, and remanded the assault portion of the case for resentencing. On remand, Appellant was sentenced to 11 months, 29 days at 100 percent for both assault convictions . The Cou rt ran the two assa ult sentences c onsecutive to each other and to the 20 year sentence for the sale of cocaine. After a review of the record, we affirm the judgm ent of the trial court pursuant to Court of Criminal Appeals Rule 20. On appe al, Appellant contends his simple assault convictions should not run consecutively to each other and to the 20 year sentence for the sale of cocaine. -2- The trial court corr ectly orde red the s entenc es to run consecutively since this Court ruled in the initial appeal that Appellant’s consecutive sentences were prope rly imposed. Cha mbe rlain, C.C.A.No. 01C01-9509-Cr-00304 slip op at 5-6 This holding is the law of this case. Acco rdingly , we affirm the trial court’s judgment pursuant to Court of Criminal Appeals Rule 20. ____________________________________ JERRY L. SMITH, JUDGE CONCUR: ___________________________________ DAVID H. WELLES, JUDGE ___________________________________ JOHN K. BYERS, SENIOR JUDGE -3-