[Download] "State Tennessee v. David Alan Lindsay" by at Knoxville Court of Criminal Appeals of Tennessee ~ Book PDF Kindle ePub Free

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eBook details

• Title: State Tennessee v. David Alan Lindsay
• Author : at Knoxville Court of Criminal Appeals of Tennessee
• Release Date : January 17, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

TATUM, Judge. OPINION The defendant, David Alan Lindsay, was convicted of first degree burglary with a firearm and his punishment was fixed at not less than 10 years nor more than 15 years in the State penitentiary. He was also convicted of assault with intent to commit sexual battery with punishment at not less than 1 year nor more than 3 years in the State penitentiary. The trial court did not direct that the sentences run consecutively; therefore, the sentences are concurrent. We affirm both convictions; however, subject to the State's consent, we modify punishment in the burglary case. On this appeal, the defendant says that the statute proscribing assault with intent to commit sexual battery (T.C.A. § 39-3707) is unconstitutional; that enhanced punishment for using a firearm in the commission of burglary is not authorized because the defendant was not charged in the indictment with using a firearm; that the court abused its discretion in denying a continuance; that an indeterminate sentence for an assault with intent to commit sexual battery is not authorized; and that the evidence does not justify the conviction for assault with intent to commit sexual battery.

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