State of Tennessee v. Ricky Lamont Brigman

The Appellant, Ricky Lamont Brigman, was convicted by a Davidson County jury of three counts of rape of a child, one count of attempted rape of a child, two counts of aggravated sexual battery, three counts of rape, one count of attempted rape, one count of sexual battery, one count of attempted sexual battery, and one count of sexual exploitation involving six minor male victims. For these convictions, he received an effective sentence of ninety-one years. On appeal, Brigman challenges both his convictions and sentences upon the following grounds: (1) with respect to certain convictions, a material variance exists between the indictments and the convicting evidence; (2) the "cancellation" rule requires dismissal of his conviction for sexual battery; (3) the trial court provided improper jury instructions with regard to the "cancellation" rule and the requisite mental states; (4) the sentences are excessive due to the trial court's failure to apply mitigating factors at sentencing; and (5) the improper imposition of consecutive sentences. After review, we find no reversible error and affirm the judgment of the trial court.