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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs September 21, 2005 STATE OF TENNESSEE v. JEROME MAYO
Appeal from the Circuit Court for Montgomery County No. 40300086 Michael Jones, Judge

No. M2004-03061-CCA-R3-CD - Filed September 14, 2007

This is an appeal as of right from a conviction on a jury verdict of aggravated robbery, and an appeal by the State from the sentencing decision. The Defendant originally received an enhanced sentence of eighteen years as a Range II, multiple offender, but his sentence was subsequently reduced to fifteen years by the trial court based upon Blakely v. Washington, 124 S.Ct. 2531 (2004). On appeal, the Defendant argues there is insufficient evidence to support his conviction for aggravated robbery. The State appeals the modified sentence, arguing the trial court erred in reducing the Defendant's sentence. We affirm the judgment of the trial court as to the conviction, but remand for resentencing in accordance with this opinion. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed in Part; Reversed in Part; Remanded DAVID H. WELLES, J., delivered the opinion of the court, in which NORMA MCGEE OGLE and J.C. MCLIN , JJ., joined. Russell Church (at trial) and Roger E. Nell (on appeal), Assistant Public Defenders, Clarksville, Tennessee, for the appellant, Jerome Mayo. Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; John Carney, District Attorney General; and Dan Brollier, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION

FACTS The Defendant's aggravated robbery conviction stems from an incident in which he and three co-defendants robbed the victim at gunpoint in Clarksville on Christmas Eve of 2002. The Defendant, Jerome Mayo, and three of his friends witnessed the victim crash his pickup truck into

a utility pole. Instead of assisting the injured victim, the Defendant stole items from the wrecked vehicle while others in the group held the victim at gunpoint. The victim was "pistol-whipped," and the four perpetrators of the crime fled in a car, but were quickly apprehended by police only a short distance from the crime scene. Several of the items stolen from the victim were discovered on the Defendant's person and in the car in which he was apprehended. The Defendant was indicted on one count of especially aggravated robbery, see Tenn. Code Ann.

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