State of Tennessee v. James R. Smith

Case Number
M2005-00615-CCA-R3-CD

On appeal, the defendant challenges the trial court's failure to merge his sexual battery and attempted false imprisonment convictions into his rape conviction; the denial of alternative sentencing; and the sufficiency of the evidence. Upon review, we conclude that the acts perpetrated on the victim constituted three discrete offenses and that the trial court did not err in failing to merge them. We further conclude that the trial court appropriately denied alternative sentencing and that the evidence was sufficient to support the verdicts. For these reasons, we affirm.

Authoring Judge
Judge John Everett Williams
Originating Judge
Judge Leon C. Burns, Jr.
Case Name
State of Tennessee v. James R. Smith
Date Filed
Dissent or Concur
No
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