State of Tennessee v. Jason Paul Baker

Syllabus

The Defendant, Jason Paul Baker, appeals his conviction for premeditated first degree murder and his sentence of life imprisonment without the possibility of parole. In imposing the sentence, the jury found one aggravating circumstance: the Defendant was previously convicted of one or more felonies with statutory elements involving the use of violence to the person. See T.C.A. § 39-13-204(i)(2). On appeal, the Defendant contends: (1) the evidence established that he was insane at the time of the offense (2) the evidence is insufficient to support his conviction and (3) the trial court erred during the penalty phase in allowing the State to rely upon the Defendant's prior aggravated assault conviction to establish the (i)(2) aggravating circumstance. The State concedes that the trial court erred during the penalty phase, and we agree. Accordingly, we reverse the Defendant's sentence of life imprisonment without the possibility of parole and remand the case to the trial court for entry of a judgment reflecting a sentence of life imprisonment. We otherwise affirm the judgment of the trial court.