State v. Davis

OPINION

DAUGHTREY, Judge.

The defendant, Francisco Davis, was convicted of third degree burglary and grand larceny. He now appeals the trial court’s sentencing order, contending that it violates double jeopardy.

The state filed a timely notice of intent to seek enhanced sentencing, pointing out that the defendant had been convicted of at least two prior felonies, in one case for robbery (possibly on two counts) and in another for burglary, making him a persistent offender under TCA § 40-35-202(a). In addition, Davis was on parole from the prior burglary conviction at the time he committed the…