IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE FILED AT KNOXVILLE November 15, 1999 Cecil CROWS ON, Jr. Appellate Court Clerk JULY SESSION, 1999

STATE OF TENNESSEE, ) C.C.A. NO. 03C01-9901-CR-00031 ) Appellee, ) NO. 213542, 213544, 213546 BELOW ) VS ) HAMILTON COUNTY ) CHAR LES W . ELSE A, JR., ) (First Degree F elony Murde r) ) Appe llant. ) AFFIR MED AS MO DIFIED ; ) REMANDED

JUDGMENT

Came the App ellant, Charles W. Elsea, Jr., by counsel, and also came the Attorney General on behalf of the Sta te, and this case was heard on the record on appeal from the Criminal Court of Hamilton County; and upon consideration thereof, this Court is of the opinion that the Appellant’s conviction for aggravated robbery should be modified to robbery, with a concurrent sentence of three years for this conviction.

It is, therefore, ordered and adjudged by this Court tha t the Ap pellan t’s conviction of aggravated robbery is modified to robbery, and his sentence for robbery is set at three years in the Department of Correction. In all other respects, the judgment is affirmed.

This case is remanded solely for the entry of an order modifying the conviction and sentence.

Because it appears to the Court that the Appellant, Charles W. Elsea, Jr., is indigent, costs will be paid by the State of Tennessee.

Per Curiam W elles, W ade, R iley