Assigned on Briefs June 6, 2017
from the Circuit Court for Madison County No. 16-273 Donald
H. Allen, Judge
Defendant, Lawrence A. Gray, entered a guilty plea to three
counts of aggravated robbery and two counts of attempted
aggravated robbery with the trial court to determine
sentencing. After a sentencing hearing, the trial court
imposed an effective sentence of twelve years. On appeal, the
Defendant asserts that the trial court improperly imposed a
twelve-year sentence. We affirm the trial court's
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
T. Howell, Jackson, Tennessee, for the appellant, Lawrence
Herbert H. Slatery III, Attorney General and Reporter;
Breanne N. Hataway, Assistant Attorney General; James G.
Woodall, District Attorney General; and Brian M. Gilliam,
Assistant District Attorneys General, for the appellee, State
W. Wedemeyer, J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and Norma McGee Ogle, J.,
W. WEDEMEYER, JUDGE.
Madison County grand jury indicted the
Defendant and his co-defendant, Demarcus Hardy, for
three counts of aggravated robbery and two counts of
attempted aggravated robbery. At a guilty plea submission
hearing, the State summarized the facts of the case as
Chronologically, the attempted robbery was the first to occur
on January the 22nd, Ms. Sheila Tyson, she was an
employee of the [Jaxx]'s Tree Market. That's a gas
station located at 1291 North Highland. She stated that two
individuals came in. She recognized one of them. She also
recognized that when they made their demand for money that
they had a toy gun. She told them to stop. She also told them
how stupid they were and that they could get themselves
killed by doing something as stupid as trying to rob a store
with a toy gun. So, no robbery was accomplished.
Later that same evening, these same two individuals, . . .
they went to the Dollar General Store located at 1028
Campbell Street. There they made the same demand for money
from the Dollar General. There they obtained from a cash
register and from the person Mr. Joshua Hardin, $133 in cash.
He said initially he thought that it was a joke, but when
they continued to demand money that he went ahead and opened
the cash register and gave them that $133 in cash. So, that
was an accomplished aggravated robbery.
Later on January the 31st, these same two
individuals went to 2314 North Highland Avenue which is the
Waffle House. They attempted to [ ] rob the Waffle House, but
couldn't manage to get the cash register open there. They
did make a demand, but weren't able to ...