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IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE
June 3, 2004 Session STATE OF TENNESSEE v. CHRISTOPHER A. DAVIS
Automatic Appeal from the Court of Criminal Appeals Criminal Court for Davidson County No. 96-B-866 J. Randall Wyatt, Judge

No. M2001-01866-SC-DDT-DD - Filed August 25, 2004

The defendant, Christopher A. Davis, was convicted of two counts of premeditated first degree murder,1 two counts of especially aggravated kidnapping, and two counts of especially aggravated robbery. The jury imposed death sentences for both counts of premeditated first degree murder after finding that evidence of three aggravating circumstances, i.e., (1) the defendant was previously convicted of one or more felonies whose statutory elements involved the use of violence to the person, (2) the murders were committed for the purpose of avoiding, interfering with, or preventing a lawful arrest of the defendant, and (3) the murders were knowingly committed, solicited, directed, or aided by the defendant while the defendant had a substantial role in committing or attempting to commit a robbery or kidnapping, outweighed evidence of mitigating circumstances beyond a reasonable doubt. In addition, the trial court sentenced the defendant to concurrent 25-year sentences for the especially aggravated kidnapping convictions to run consecutively to concurrent 25-year sentences for the especially aggravated robbery convictions. After the Court of Criminal Appeals affirmed the convictions and the sentences, the case was automatically docketed in this Court. We entered an order specifying seven issues for oral argument, and we now hold as follows: (1) the evidence was sufficient to support the jury's verdicts; (2) the trial court did not err in refusing to disqualify the District Attorney General; (3) the trial court did not err in refusing to allow defense counsel to withdraw; (4) the death sentences were not invalid on the ground that the aggravating circumstances were not set out in the indictment; (5) the trial court did not err in allowing the prosecution to establish the "prior violent felony" aggravating circumstance by relying on an offense committed as a juvenile; (6) the evidence was sufficient to support the jury's finding of three aggravating circumstances beyond a reasonable doubt and its determination that the aggravating circumstances outweighed the evidence of mitigating circumstances beyond a reasonable doubt; and (7) the death sentences were not arbitrary or disproportionate. We also agree with the Court of Criminal Appeals' conclusions with respect to

The defendant was also convicted of two counts of felony murder, but the trial court merged these convictions with the premeditated first degree murder convictions.

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the remaining issues, the relevant portions of which are included in the appendix to this opinion. Accordingly, we affirm the judgment of the Court of Criminal Appeals. Tenn. Code Ann.

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