State v. Ralph

OPINION

DROWOTA, J.

The sole issue in this appeal is whether the due process analysis delineated in State v. Anthony, 817 S.W.2d 299 (Tenn.1991) bars the defendant’s separate convictions for burglary and theft of the same automobile. The Court of Criminal Appeals, in a split decision, applied the due process analysis of Anthony and vacated the defendant’s burglary conviction on the ground that it was essentially incidental to the theft of the car. One judge dissented and argued that the analysis adopted in Anthony does not apply in the context of this case. For the reasons that follow, we agree…