State of Tennessee v. Dashun Shackleford

Style: State of Tennessee v. Dashun Shackleford

TSC Docket Number: E2020-01712-SC-R11-CD

Court of Criminal Appeals Opinion: https://www.tncourts.gov/sites/default/files/state_of_tennessee_v._dashun_shackleford.pdf

Summary by the Court of Criminal Appeals:

The Defendant-Appellant, Dashun Shackleford, was convicted by a Knox County Criminal Court jury as charged in a twenty-count indictment; four alternative counts each of aggravated robbery against four victims and four corresponding counts of criminal gang offense enhancement. The trial court merged the aggravated robbery convictions into four counts and imposed a total effective sentence of twenty years’ incarceration to be served at 85 percent. On appeal, the Defendant argues that (1) the evidence is insufficient to support his gang enhancement convictions; and (2) the gang enhancement counts violate his constitutional rights to due process and expressive association. Upon our review, we conclude that the State failed to sufficiently prove the gang enhancement counts and failed to comply with the notice requirements mandated by Tennessee Code Annotated § 40-35- 121(g). Accordingly, we reverse and vacate the judgments in Counts 13 through 16, and remand for resentencing as to those counts. Because the gang enhancements are no longer applicable to the Defendant’s case, we decline to address the constitutional questions raised in this appeal.

Permission to Appeal Granted: August 9, 2022

Appellants’ Briefs Filed: September 7, 2022

Appellees’ Briefs Filed: November 7, 2022; November 20, 2022

Appellants’ Reply Brief Filed:

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  

Oral Argument Date: December 6, 2022

Link to Oral Argument Video: https://www.youtube.com/watch?v=GvspMFv3HC4

Date of TSC Opinion:  

Opinion of the TSC: 

TSC Summary of the Opinion: