State of Tennessee v. Lorenzo Romell Brown, M2024-01042-CCA-R3-CD

Lorenzo Romell Brown was convicted by a jury in Warren County, Tennessee, for attempted voluntary manslaughter, two counts of aggravated assault, and possession of a firearm by a convicted felon, stemming from the 2019 shooting of Jesse Palmer.
The altercation took place at West Riverside Apartment Complex in McMinnville; Brown shot Palmer after a physical and verbal confrontation.
The State’s evidence included eyewitness testimony, physical evidence from the scene, and Brown’s own admission of shooting Palmer. Brown argued partial merger of charges, improper venue, and sentencing error.
The trial court sentenced Brown to a total of 20 years, imposing 6 years for attempted voluntary manslaughter, 8 years for each aggravated assault, and 12 years consecutive for the firearm charge.
On appeal, Brown asserted (1) improper venue, (2) merger required for the two aggravated assaults, and (3) error in imposing consecutive sentences for the firearm conviction.
The appellate court affirmed convictions but remanded for a new sentencing hearing and merger of the aggravated assault counts due to double jeopardy and sentencing errors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Venue	State argued venue was proven and defense waived issue.	Brown claimed venue was not proven in Warren County.	Venue challenge was waived; venue was proven by preponderance of evidence.
Consecutive Sentencing for Firearm	State claimed sentencing was proper or at least record supported discretionary consecutive sentences.	Brown argued consecutive sentencing was imposed due to legal error.	Trial court erred; new sentencing hearing required.
Merger of Aggravated Assaults	State conceded merger was required.	Brown argued charges arose from single event.	Counts two and three must merge into single conviction.
Double Jeopardy	State agreed merger avoids double jeopardy.	Brown claimed dual convictions violate protections.	Court agreed; dual punishment for same conduct not allowed.

Ellis v. Carlton, 986 S.W.2d 600 (Tenn. Crim. App. 1998) (party bears burden to prove venue by a preponderance; slight uncontradicted evidence suffices)
State v. Hutcherson, 790 S.W.2d 532 (Tenn. 1990) (failure to prove venue is trial error, not jurisdictional, and requires remand for retrial, not dismissal)
State v. Berry, 503 S.W.3d 360 (Tenn. 2015) (convictions must merge where double jeopardy concerns arise from single criminal episode)
State v. Watkins, 362 S.W.3d 530 (Tenn. 2012) (double jeopardy and merger of convictions analyzed via unit-of-prosecution and multiple description frameworks)
State v. Pollard, 432 S.W.3d 851 (Tenn. 2013) (appellate review of trial court’s consecutive sentencing decisions)