State of Tennessee v. Lawrence Warren Pierce

The defendant, Lawrence Warren Pierce, was indicted for aggravated kidnapping and rape, convicted of the lesser-included offenses of kidnapping and sexual battery, and sentenced as a Range II, multiple offender to nine years and three years, respectively, to be served consecutively. On appeal, he argues that the evidence is insufficient to support his convictions; the conviction for kidnapping violates his due process rights because it was incidental to the sexual battery offense; and the trial court erred in denying his motion to dismiss due to the State's destruction of evidence and in imposing excessive sentences to be served consecutively. Applying the subsequent decision of Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004), we reduce the defendant's sentence for kidnapping to eight years. In all other respects, the judgments of the trial court are affirmed.