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State v. Wilson6/16/2005
nse of carjacking under the Burns analysis. Since theft is an integral element of robbery, and robbery has been defined as an elevated form of theft, then robbery is also not a lesser included offense of carjacking as defined in Burns. See Bowles, 52 S.W.3d at 80.
Accordingly, we find that the trial court did not err in not charging theft and robbery as lesser included offenses of carjacking. As a result, we need not address the State's argument that Defendant has waived this issue on appeal under Tennessee Code Annotated section 40- 18-110(c). Defendant is not entitled to relief on this issue.
CONCLUSION
After a thorough review of the record, we affirm the judgments of the trial court.
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