STATE OF TENNESSEE v. MICHAEL WAYNE STROUTH

Syllabus

A Sullivan County jury convicted the Defendant, Michael Wayne Strouth, of first degreepremeditated murder and conspiracy to comrnit first degree premeditated rnurder. The trialcourt irnposed a life sentence for the first degree murder conviction and a consecutivetwenty-five year sentence for the conspiracy conviction. On appeal, the Defendant assertsthat: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred whenit failed to give jury instructions on enhanced identification and general inferences; and (3)the trial court abused its discretion when it sentenced hirn. After review, we affirm theconvictions and the Defendant's life sentence for first degree prerneditated murder;however, we vacate the Defendant's sentence for conspiracy to commit first degree murderand the trial court's imposition of partial consecutive sentencing. We remand this case tothe trial court for a new sentencing hearing.