all of which were to run consecutively to each other for a total effective sentence of sixteen years and eight months. The trial court also ordered restitution totaling $1,800, fined the defendant $1,100, and prohibited the defendant from driving a motor vehicle in Tennessee for ten years. 3 . Judge Tipton also filed a dissenting opinion in Roberts on the ground that the Anthony analysis does not bar separate convictions of attempted burglary and theft of the same vehicle. 4 . In contrast, we noted in Anthony that "[b]y an overwhelming margin, the majority view in other jurisdictions is that kidnapping statutes do not apply to unlawful confinements or movements incident to the commission of other felonies.” 817 S.W.2d at 305. 5 . State v. Barney, 986 S.W.2d 545, 548 (Tenn.1999) (<HOLDING>); State v. Dixon, 957 S.W.2d 532 (Tenn.1997)
holding criminal sexual assault and unlawful restraint included offenses of aggravated crimi nal sexual assault and vacating convictions and sentences on former offenses holding that test for whether two offenses are not the same is whether each offense requires proof of a fact that the other does not recognizing that the right to control test used for distinguishing independent contractors from employees is not particularly helpful in distinguishing volunteers from employees holding that in the conviction and sentencing for criminal offenses committed in the course of one criminal episode it is the intent of the legislature that there be a separate conviction and sentence for each criminal offense unless one of the offenses is a degree of the other a necessarily included lesser offense subsumed in the other or both offenses are identical holding that the essentially incidental test developed in anthony is not helpful in the context of sexual offenses