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State v. Fusco

COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Feb 3, 2012
No. M2010-01724-CCA-R3-CD (Tenn. Crim. App. Feb. 3, 2012)

Opinion

No. M2010-01724-CCA-R3-CD

02-03-2012

STATE OF TENNESSEE v. ROBERT FUSCO


Appeal from the Circuit Court for Montgomery County

No. 40900753 Michael R. Jones, Judge

Following a jury trial, the Defendant, Robert Fusco, was convicted of two counts of especially aggravated kidnapping, which were merged, and one count of each of the following offenses: conspiracy to commit aggravated robbery, conspiracy to commit aggravated kidnapping, attempted aggravated robbery, and aggravated burglary. See Tenn. Code Ann. §§ 39-12-101, -12-103, -13-202, -13-304, -13-305, -13-402, -13-403, & -14-403. The trial court determined that the Defendant was a Range II, multiple offender for sentencing purposes and imposed an effective 65-year sentence. In this appeal as of right, the Defendant raises the following issues: (1) whether the trial court erred in failing to charge the lesser-included offense of attempted especially aggravated kidnapping; (2) whether the assistant district attorney general committed prosecutorial misconduct during closing argument; (3) whether the evidence is insufficient to support his convictions for especially aggravated kidnapping, conspiracy to commit aggravated robbery, and conspiracy to commit aggravated kidnapping; (4) whether his dual convictions for especially aggravated kidnapping and attempted aggravated robbery violate due process concerns because the restraint of the victim was not beyond that necessary to complete the robbery; (5) whether the trial court erred by not merging his two conspiracy convictions because the offenses were the object of the same agreement; (6) whether the trial court erred by using certain out-of-state convictions to enhance his sentencing range; and (7) whether his sentence was excessive. Following our review, we remand this case to the Montgomery County Circuit Court for the entry of corrected judgments to reflect merger of the Defendant's conspiracy convictions. In all other respects, we conclude that there is no reversible error in the judgments of the trial court and affirm.

For the purposes of clarity and brevity, we have renumbered and reordered the issues as stated by the Defendant in his brief.

Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court are Affirmed

in Part; Reversed in Part; Remanded.


Summaries of

State v. Fusco

COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Feb 3, 2012
No. M2010-01724-CCA-R3-CD (Tenn. Crim. App. Feb. 3, 2012)
Case details for

State v. Fusco

Case Details

Full title:STATE OF TENNESSEE v. ROBERT FUSCO

Court:COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE

Date published: Feb 3, 2012

Citations

No. M2010-01724-CCA-R3-CD (Tenn. Crim. App. Feb. 3, 2012)

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