State of Tennessee v. David Michael Chubb

The appellant, David Michael Chubb, was convicted by a jury in the Sumner County Criminal Court of four counts of aggravated sexual battery, one count of attempted aggravated sexual battery, one count of possession of marijuana, and one count of possession of drug paraphernalia. The trial court sentenced the petitioner to a total effective sentence of fourteen years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises the following issues for our review: (1) whether the trial court erred in failing to inquire into the conflict of interest when it was revealed at trial that the appellant’s trial counsel had previously represented the mother of the minor victim; (2) whether the trial court erred in allowing the State to admit a videotape into evidence; (3) whether the trial court erred in denying the appellant’s motion for a bill of particulars; (4) whether the trial court erred in charging a special jury instruction requested by the State; (5) whether, according to the dictates of Blakely v. Washington, the trial court erred in sentencing the appellant; and (6) whether the trial court erred in imposing consecutive sentences. Upon our review of the record and the parties’ briefs, we reverse the convictions for aggravated sexual battery and attempted aggravated sexual battery based upon an improper instruction, affirm the drug related convictions, and remand for a new trial on the aggravated sexual battery and attempted aggravated sexual battery charges.