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State v. Conyers9/5/2003
on the appellant's extensive criminal record. The presentence report reflects that since 1979, the appellant has been convicted of numerous felonies, including armed robbery and theft. Thus, the appellant's prior criminal record alone supports consecutive sentencing. This issue is without merit.
Although we have determined that enhancement factors (10) and (16) do not apply to the appellant's convictions for attempted first degree murder and especially aggravated robbery, this does not necessarily lead to a reduction in the appellant's sentences. State v. Winfield, 23 S.W.3d 279, 284 (Tenn. 2000). We conclude that the remaining enhancement factors and the lack of mitigating factors support the imposition of the maximum sentences for each conviction. Moreover, the appellant's extensive criminal record supports the imposition of consecutive sentencing. Based upon these findings, we affirm the forty year sentences imposed for the convictions of especially aggravated robbery and attempted first degree murder. However, because we previously modified the appellant's conviction in count one to aggravated burglary, we must reduce his sentence for this offense to ten years, the maximum for aggravated burglary, a Class C felony. The sentences for aggravated burglary and especially aggravated robbery are to be served concurrently, but consecutive to the sentence for attempted first degree murder, for an effective sentence of eighty years incarceration.
III. Conclusion
For the foregoing reasons, we affirm the appellant's convictions and sentences for especially aggravated robbery and attempted first degree murder. However, we remand to the trial court for the amendment of the judgment of conviction to reflect this court's modification of the conviction for especially aggravated burglary to aggravated burglary and to reflect the reduction in the sentence on that conviction to ten years.
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