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Posted by: Tanja Trezise on Mar 19, 2012

Court: TN Court of Criminal Appeals

Attorneys 1: Shana Johnson and Parker Dixon (at trial), Somerville, Tennessee, James O. Martin, III, (on appeal), Nashville, Tennessee, for the appellant, Jimmy Dale Qualls.

Attorneys 2: Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Joe L. VanDyke and Lisa Borden, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Hardeman County Circuit Court Jury convicted the appellant, Jimmy Dale Qualls, of thirty-seven counts of sexual battery by an authority figure and one count of incest, Class C felonies, and the trial court sentenced him to an effective sentence of thirty-two years in confinement. On appeal, the appellant contends that he is entitled to a new trial because the State failed to make an election of offenses for the sexual battery convictions. The State acknowledges that the trial court committed reversible error. We agree with the appellant and the State that the appellant’s convictions for sexual battery by an authority figure must be reversed because the State failed to make an election of offenses. The case is remanded to the trial court for a new trial for those offenses. The appellant’s conviction for incest is affirmed.