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Posts tagged "Rape of a Child"

Court Upholds 32 Year Sentence in Child Rape Case

Trial court sentencing decisions in Tennessee criminal cases are presumed on appeal to be reasonable when the sentence is within the range of options provided by the applicable sentencing statutes for the crime at issue. Within a range of possible sentences defined by statute for a particular crime, criminal trial courts have discretion to select the sentence the trial court believes is most appropriate for the circumstances of the particular case. In the recent case of State v. Breeze, W2013-00798-CCA-R3-CD (Tenn.Crim.App. 10-21-2013), the Tennessee Court of Criminal Appeals upheld the trial court's decision to impose a total effective sentence of thirty-two years for a person convicted of rape of a child and rape of his two stepdaughters.

Court Upholds 32 Year Sentence in Child Rape Case

Trial court sentencing decisions in Tennessee criminal cases are presumed on appeal to be reasonable when the sentence is within the range of options provided by the applicable sentencing statutes for the crime at issue. Within a range of possible sentences defined by statute for a particular crime, criminal trial courts have discretion to select the sentence the trial court believes is most appropriate for the circumstances of the particular case. In the recent case of State v. Breeze, W2013-00798-CCA-R3-CD (Tenn.Crim.App. 10-21-2013), the Tennessee Court of Criminal Appeals upheld the trial court's decision to impose a total effective sentence of thirty-two years for a person convicted of rape of a child and rape of his two stepdaughters.

Court Upholds 32 Year Sentence in Child Rape Case

Trial court sentencing decisions in Tennessee criminal cases are presumed on appeal to be reasonable when the sentence is within the range of options provided by the applicable sentencing statutes for the crime at issue. Within a range of possible sentences defined by statute for a particular crime, criminal trial courts have discretion to select the sentence the trial court believes is most appropriate for the circumstances of the particular case. In the recent case of State v. Breeze, W2013-00798-CCA-R3-CD (Tenn.Crim.App. 10-21-2013), the Tennessee Court of Criminal Appeals upheld the trial court's decision to impose a total effective sentence of thirty-two years for a person convicted of rape of a child and rape of his two stepdaughters.

Court Affirms Denial of Mitigation in Sex Abuse Case

In criminal sentencing, mitigation factors can generally be argued and considered in offsetting enhancement factors and arguing for a lower sentence within a statutory range of punishment. Trial courts have discretion in considering what mitigating factors to apply, and may even consider factors not specifically listed by statute.

Court Affirms Denial of Mitigation in Sex Abuse Case

In criminal sentencing, mitigation factors can generally be argued and considered in offsetting enhancement factors and arguing for a lower sentence within a statutory range of punishment. Trial courts have discretion in considering what mitigating factors to apply, and may even consider factors not specifically listed by statute.

Court Affirms Denial of Mitigation in Sex Abuse Case

In criminal sentencing, mitigation factors can generally be argued and considered in offsetting enhancement factors and arguing for a lower sentence within a statutory range of punishment. Trial courts have discretion in considering what mitigating factors to apply, and may even consider factors not specifically listed by statute.

Evidence Sufficient to Affirm Conviction for Rape of a Child

In a criminal trial with conflicting evidence, it is the role of the jury to resolve the evidentiary conflicts and arrive at a conclusion as to guilt or acquittal. On appeal, appellate courts do not consider whether they agree or disagree with the jury's resolution of conflicting facts and evidence. Appellate courts review to determine whether there was evidence from which the jury could reasonably have reached its conclusions of guilt (jury acquittals are not appealable in the United States). In the recent case of State v. Pantaleon, M2012-00575-CCA-R3-CD (Tenn.Criim.App. 4-25-2013), the Tennessee Court of Criminal Appeals concluded the evidence was sufficient to support the Defendant's convictions for rape of a child and aggravated sexual battery.

Evidence Sufficient to Affirm Conviction for Rape of a Child

In a criminal trial with conflicting evidence, it is the role of the jury to resolve the evidentiary conflicts and arrive at a conclusion as to guilt or acquittal. On appeal, appellate courts do not consider whether they agree or disagree with the jury's resolution of conflicting facts and evidence. Appellate courts review to determine whether there was evidence from which the jury could reasonably have reached its conclusions of guilt (jury acquittals are not appealable in the United States). In the recent case of State v. Pantaleon, M2012-00575-CCA-R3-CD (Tenn.Criim.App. 4-25-2013), the Tennessee Court of Criminal Appeals concluded the evidence was sufficient to support the Defendant's convictions for rape of a child and aggravated sexual battery.

Evidence Sufficient to Affirm Conviction for Rape of a Child

In a criminal trial with conflicting evidence, it is the role of the jury to resolve the evidentiary conflicts and arrive at a conclusion as to guilt or acquittal. On appeal, appellate courts do not consider whether they agree or disagree with the jury's resolution of conflicting facts and evidence. Appellate courts review to determine whether there was evidence from which the jury could reasonably have reached its conclusions of guilt (jury acquittals are not appealable in the United States). In the recent case of State v. Pantaleon, M2012-00575-CCA-R3-CD (Tenn.Criim.App. 4-25-2013), the Tennessee Court of Criminal Appeals concluded the evidence was sufficient to support the Defendant's convictions for rape of a child and aggravated sexual battery.

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