Donavan Daniel v. State of Tennessee

Syllabus

The Petitioner, Donavan Daniel, was convicted in the Weakley County Circuit Court of three counts of first degree felony murder, one count of first degree premeditated murder, one count of especially aggravated robbery, and one count of possession of marijuana with intent to sell or deliver. After a bifurcated sentencing hearing, the jury sentenced him to life without parole for two counts of first degree felony murder, life for the remaining count of first degree felony murder, and life for first degree premeditated murder. This court affirmed the convictions on direct appeal and affirmed the denial of post-conviction relief. Subsequently, the Petitioner filed a motion to reopen his post-conviction petition. After a hearing, the post-conviction court granted the motion to reopen, granted post-conviction relief, and reduced the Petitioner's two sentences of life without parole to life. On appeal, the State contends that the post-conviction court erred in applying State v. Booker, 656 S.W.3d 49 (Tenn. 2022), to the Petitioner's sentences of life without parole and, therefore, erred in reducing the Petitioner's sentences to life. We agree with the State. Accordingly, the judgment of the post-conviction court is reversed, and the Petitioner's sentences of life without parole for first degree felony murder in counts three and four are reinstated.