State of Tennessee v. Christopher Scottie Itzol-Deleon

State of Tennessee v. Christopher Scottie Itzol-Deleon
M2014-02380-SC-R11-CD

We granted the State’s application for permission to appeal in this case in order to determine (1) whether we should expressly overrule our decision in State v. Barney, 986 S.W.2d 545 (Tenn. 1999), and (2) whether the Court of Criminal Appeals erred in merging two of the Defendant’s convictions. We expressly overrule Barney and hold that double jeopardy principles apply when determining whether multiple convictions of sexual offenses arise from a single act of sexual assault. We further hold that, in light of the factors we adopt herein, under the facts and circumstances of this case, the Court of Criminal Appeals did not err in merging two of the Defendant’s multiple convictions. Accordingly, albeit for different reasons, we affirm the judgment of the Court of Criminal Appeals.

Authoring Judge: 
Chief Justice Jeffrey S. Bivins
Originating Judge: 
Judge Mark J. Fishburn
Date Filed: 
Friday, August 25, 2017