State of Tennessee v. Reginol L. Waters

A Davidson County jury convicted the defendant, Reginol L. Waters, of two counts of aggravated rape, one count of aggravated robbery, and one count of aggravated burglary. The trial court sentenced him as a Range I offender to twenty-three years for the first count of aggravated rape, twenty-five years for the second count of aggravated rape, ten years for aggravated robbery, and as a Range II offender to ten years for aggravated burglary. The trial court further ordered the two sentences for aggravated rape and the sentence for aggravated burglary be served consecutively and the sentence for aggravated robbery be served concurrently, for an effective sentence of fifty-eight years. In this appeal of right, the defendant raises the following issues: (1) whether the trial court erred in denying the motion to suppress testimony regarding the "showup" identification of the defendant; (2) whether the trial court erred in denying the motion to suppress the defendant's statements to the police; (3) whether the trial court erred in admitting the tape recording of the victim's telephone call to the police; (4) whether the state failed to establish a proper chain of custody for evidence found during a search of the defendant's vehicle; (5) whether the two convictions for aggravated rape should be merged; (6) whether the conviction for aggravated burglary violates due process because it was incidental to the offenses of aggravated rape and aggravated robbery; and (7) whether the sentences are excessive. Upon review of the record, we affirm the judgment of the trial court.