State of Tennessee v. Dewayne Collier aka Patrick Collier

Case Number
W2010-01606-CCA-R3-CD

Following a Shelby County jury trial, the Defendant, DeWayne Collier, was convicted of aggravated statutory rape. At the time of the crime, the Defendant was forty-two years old and the victim was fourteen years old. The trial court sentenced the Defendant to four years as a Range II, multiple offender. On appeal, the Defendant argues that the trial court erred in denying his motion for judgment of acquittal and that the evidence was insufficient to support his conviction because the fourteen-year-old victim was an accomplice and there was not sufficient corroborating evidence. After a thorough review of the record on appeal, we conclude that the victim is legally an accomplice regardless of the fact that she cannot be indicted for her own statutory rape. However, we also determine that there is additional evidence to adequately corroborate her testimony. Therefore, we conclude that the evidence is sufficient to support the Defendant’s conviction. We affirm the judgment of the trial court.

Authoring Judge
Judge Jerry L. Smith
Originating Judge
Judge John T. Fowlkes Jr.
Case Name
State of Tennessee v. Dewayne Collier aka Patrick Collier
Date Filed
Dissent or Concur
No
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