State of Tennessee vs. Cecil Eugene McGuire

Case Number
03C01-9705-CC-00191

The Sevier County Grand Jury indicted sixteen-year old Cecil Eugene McGuire for aggravated rape, aggravated sexual battery, and aggravated burglary. After a trial, the jury acquitted the defendant of aggravated rape and aggravated burglary but found him guilty of aggravated sexual battery and aggravated criminal trespass, a lesser grade offense of aggravated burglary. The trial court sentenced him to serve eleven years in the custody of the Department of Correction as a Range I, standard offender for the Class B felony, concurrently with eleven months and twenty-nine days for the Class A misdemeanor. Pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, the defendant presents the following issues:


1. Whether the indictments are fatally defective and thereby deprive the trial court of jurisdiction in this case.
2. Whether the evidence as a matter of law was insufficient to support the convictions.
3. Whether the trial court improperly credited and weighed the enhancement factors and imposed an excessive sentence.

After a careful review of the record and the applicable law, we find no error warranting reversal of the defendant’s convictions. We affirm the convictions, but for reasons explained below, we modify the felony sentence from eleven years to ten years.

Authoring Judge
Judge Curwood Witt
Originating Judge
Judge Rex Henry Ogle
Case Name
State of Tennessee vs. Cecil Eugene McGuire
Date Filed
Dissent or Concur
No
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