The fact that a firearm was the means of accomplishing the force or intimidation does not transform the use of the firearm into an essential element of the carjacking offense if the indictment charged carjacking "by force or intimidation." See Garrett v. State, No. W2012–01994–CCA–R3–PC, 2014 WL 1410292, at *5–7 (Tenn. Crim. App. Apr. 10, 2014) (concluding that dual convictions for carjacking by force or intimidation and employing a firearm during the commission of a dangerous felony do not constitute double jeopardy); see also Thomas v. State, No. W2012–01646–CCA–R3–PC, 2013 WL 5761398 (Tenn. Crim. App. June 28, 2013) (making a similar finding). Accordingly, we hold that the defendant's convictions for carjacking and employing a firearm during the commission of a dangerous felony violate neither double jeopardy nor Tennessee Code Annotated section 39–17–1324(c).
State v. Swanson, 680 S.W.2d 487, 489 (Tenn. Crim. App. 1984); Oscar Thomas v. State, No. W2012-01646-CCA-R3-PC, 2013 WL 5761398, at *6 (Tenn. Crim. App. June 28, 2013).
See Garrett v. State, No. W2012-01994-CCA-R3-PC, 2014 WL 1410292, at *5-7 (Tenn. Crim. App. Apr. 10, 2014) (concluding that dual convictions for carjacking by force or intimidation and employing a firearm during the commission of a dangerous felony do not constitute double jeopardy); see also Thomas v. State, No. W2012-01646-CCA-R3-PC, 2013 WL 5761398 (Tenn. Crim. App. June 28, 2013) (making a similar finding).Id. at 510-11.
The defendant in Jeremiah Dawson was charged with carjacking by means of force or intimidation, rather than by means of a deadly weapon; therefore, his conviction under the firearms statute did not violate double jeopardy principles nor did it contravene section 1324(c). See also James Garrett v. State, No. W2012-01994-CCA-R3-PC, 2014 WL 1410292, at *6 (Tenn. Crim. App. Apr. 10, 2014); Oscar Thomas v. State, No. W2012-01646-CCA-R3-PC, 2013 WL 5761398, at *5-8 (Tenn. Crim. App. June 28, 2013). In this case, the underlying dangerous felony was aggravated burglary.
We note that other panels of this court have rejected the same arguments raised by the petitioner in this case. See Oscar Thomas v. State, No. W2012-01646-CCA-R3-PC, 2013 WL 5761398, at *5-8 (Tenn. Crim. App. June 28, 2013); State v. Jeremiah Dawson, No. W2010-02621-CCA-R3-CD, 2012 WL 1572214, at *5-7 (Tenn. Crim. App. May 2, 2012), perm. app. denied (Tenn. Sept. 20, 2012). In the Dawson case, the defendant was convicted of aggravated robbery, carjacking, and employing a firearm during the commission of a dangerous felony.
Moreover, other panels of this court have rejected the same arguments raised by the petitioner in this case. See Oscar Thomas v. State, No. W2012-01646-CCA-R3-PC, 2013 WL 5761398, at *5-8 (Tenn. Crim. App. June 28, 2013); State v. Jeremiah Dawson, No. W2010-02621-CCA-R3-CD, 2012 WL 1572214, at *5-7 (Tenn. Crim. App. May 2, 2012), perm. app. denied (Tenn. Sept. 20, 2012). In the Dawson case, the defendant was convicted of aggravated robbery, carjacking, and employing a firearm during the commission of a dangerous felony.