In looking for cases similar in circumstances to the defendant's, only death cases were apparent from our initial search of the filed Rule 12 reports, a misleading result considering the number of cases involving kidnapping and killing in which a life sentence was imposed. For example, in the case of State v. Antonio Dewayne Carpenter, No. W2001-00580-CCA-R3-CD, 2002 WL 1482799, at *1 (Tenn. Crim. App. Feb. 12, 2002), the defendant was convicted of felony murder, premeditated murder, especially aggravated kidnapping, and especially aggravated robbery. Id.
It is well established that the offense of especially aggravated kidnapping is meant to punish a continuing course of conduct. State v. Jimmy Lee Whitmire, No. M2007-01389-CCA-R3-CD, 2009 WL 2486178, at *17 (Tenn. Crim. App. Aug. 13, 2009); State v. Antonio Dewayne Carpenter, No. W2001-00580-CCA-R3-CD, 2002 WL 1482799, at *7 (Tenn. Crim. App. Feb. 12, 2002); see State v. Legg, 9 S.W.3d 111, 117 (Tenn. 117). Moreover, the Defendant's indictment specifically charged him with especially aggravated kidnapping accomplished with a deadly weapon, and the corresponding jury instruction reflected this means of committing the offense.
State v. Jimmy Lee Whitmire, No. M2007-01389-CCA-R3-CD, 2009 WL 2486178, at *17 (Tenn. Crim. App. Aug. 13, 2009); State v. Antonio Dewayne Carpenter, No. W2001-00580-CCA-R3-CD, 2002 WL 1482799, at *7 (Tenn. Crim. App. Feb. 12, 2002); see Legg, 9 S.W.3d at 118. When aggravated kidnapping is based on bodily injury, the State need not demonstrate that the bodily injury occurred in the State of Tennessee so long as at least one essential element of the crime was continued in this state.