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State v. Lancaster

Court of Criminal Appeals of Tennessee, Jackson

November 22, 2016

STATE OF TENNESSEE
v.
CHARVASEA RODSHUN LANCASTER

          Assigned on Briefs April 12, 2016

         Appeal from the Circuit Court for Madison County Nos. 14191, 14193 Donald H. Allen, Judge

         Defendant, Charvasea Rodshun Lancaster, appeals his sentences in 11 separate convictions under two case numbers. Defendant entered open guilty pleas in case number 14-191 to one count of burglary and five counts of theft of property in various amounts. In case number 14-193, Defendant entered open guilty pleas to two counts of theft, two counts of vehicle burglary, and one count of aggravated burglary. Following a sentencing hearing, the trial court imposed a total effective sentence of ten years in case 14-191 and an effective sentence of 12 years in case 14-193 and ordered the sentences be served consecutively, for a total effective sentence of 22 years. Defendant contends that the trial court erred by imposing partial consecutive sentencing. Having reviewed the record and the briefs of the parties, we affirm the judgments of the trial court.

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

          George Morton Googe, District Public Defender; and Gregory D. Gookin, Assistant Public Defender, Jackson, Tennessee (on appeal); and Kortney Simmons, Jackson, Tennessee (at trial), for the appellant, Charvasea Rodshun Lancaster.

          Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; James G. (Jerry) Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which Alan E. Glenn and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE.

         Facts

         The State gave the following factual basis for Defendant's guilty pleas. On October 17, 2013, Defendant entered the residence of Ralph McLeary without his effective consent and with intent to commit theft. Defendant admitted that he entered the carport area of Mr. McLeary's residence on Old Medina Road and took a push mower belonging to Mr. McLeary. Defendant also admitted that on October 16, 2013, he took a riding lawnmower belonging to Christine Tipton. Defendant admitted that on October 15, 2013, he took a 2001 Ford F-150 belonging to James Moore. Defendant admitted to taking a utility trailer from Larry Graves and a Craftsman riding lawnmower from James Gooch on that same day. Defendant admitted to taking a 2012 Honda Civic from Shannon Hutcherson on October 17, 2013. Defendant was driving that vehicle when he was stopped by the police on October 19, 2013.

         Defendant's arrest on October 19, 2013, led to the above charges in case 14-191, as well as charges in case 14-193, involving the following offenses. On or about September 6, 2013, Defendant stole a 2011 Dodge Ram truck from Carlton Howard. On or about September 8, 2013, Defendant stole a 2006 Dodge truck and a 2005 Honda ATV that was on a trailer from Wesley Morris. The keys to the Honda ATV were recovered from Defendant's bedroom. On or about September 9, 2013, Defendant and others entered two vehicles belonging to Denver Moore with intent to commit theft of property. Defendant took property from the vehicles. Defendant also entered Mr. Moore's residence with intent to commit theft of property.

         Sentencing hearing

         At the sentencing hearing, a presentence report was admitted into evidence. Defendant was 17 years old at the time of the sentencing hearing.

         Lateka Chism, Defendant's sister, testified that Defendant was a "good uncle" to her son. She testified that Defendant was active in church. She testified that Defendant was "a real good person." Ms. Chism testified that she was ...


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