State of Tennessee v. Ricky Boyd

A Shelby County Criminal Court Jury convicted the Appellant, Ricky Boyd, of attempted second degree murder, aggravated rape, and rape. At the sentencing hearing, the trial court merged the aggravated rape and rape convictions and imposed a total effective sentence of thirty-seven years in the Tennessee Department of Correction. On appeal, the Appellant contends that (1) the trial court erred by denying his motion to dismiss the indictment; (2) the trial court erred by granting the State’s motion to quash the Appellant’s subpoena duces tecum seeking “the District Attorney’s records concerning the time that [the Appellant’s] case was presented” to the grand jury; (3) the trial court erred by denying the Appellant’s request to review the victim’s mental health records; (4) the trial court erred by refusing to allow defense counsel to cross-examine the victim regarding her history of audio and visual hallucinations and her refusal to take medication to treat her condition; (5) the trial court erred by refusing to dismiss the case or give a Ferguson instruction based upon the State’s failure to preserve evidence that might play a significant role in the defense; (6) the State’s evidence was not sufficient to sustain his convictions; and (7) “the trial court erred by considering a prior charged offense during its deliberations as to sentencing even though the [Appellant] [pled] guilty to a lesser charge of aggravated assault and no factual basis surrounding the negotiated plea [was] entered into evidence.” Upon review, we find no reversible error and affirm the judgments of the trial court.