State of Tennessee v. James Vanover

Following a jury trial in Knox County Criminal Court, the defendant was convicted of rape of a child, a Class A felony, and two counts of aggravated sexual battery, a Class B felony, and sentenced to twenty years in prison on the rape of a child conviction and eight years in prison on each aggravated sexual battery conviction. The court ordered the sentences to run consecutively, resulting in an effective sentence of thirty-six years. On appeal, we affirmed the convictions but remanded the case to the trial court for resentencing because the trial court failed to make appropriate findings concerning consecutive sentencing. State v. James Vanover, No. E 2005-01192-CCA-R3-CD, 2005 WL 521496, at *5-*6 (Tenn. Crim. App. Mar. 2, 2006). The second sentencing hearing was held in June 2006, at which the trial court again imposed consecutive sentences. The defendant appeals, alleging that the trial court improperly applied consecutive sentences. After reviewing the record, we affirm the judgments of the trial court.