State of Tennessee v. Cecret C. Williams

The Defendant, Cecret C. Williams, was charged with one count of aggravated child abuse and one count of aggravated child neglect. Following a jury trial, she was convicted of both offenses; however, the trial court merged the two counts. In this direct appeal, the Defendant contends that: (1) the evidence was not sufficient to convict her on either count; (2) the trial court erred in failing to fulfill its duties as the thirteenth juror; and (3) the trial court erred in entering separate judgments and sentences for each of her convictions. After reviewing the record, we conclude that the trial court misconstrued its authority to grant a new trial under the thirteenth juror rule, Rule 33(d) of the Tennessee Rules of Criminal Procedure. We accordingly reverse and remand for a new trial.