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Posted by: Tanja Trezise on May 4, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Joy S. Kimbrough, Nashville, Tennessee, for the appellant, Randall Kelvin Madison.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Rachel West Harmon, Assistant Attorney General; Victor S. Johnson III, District Attorney General; Sharon Reddick and Jennifer McMillen, Assistant District Attorneys General; for the appellee, State of Tennessee.

Judge(s): BIVINS

A jury convicted Randall Kelvin Madison (“the Defendant”) of twenty-two counts of rape, three counts of aggravated statutory rape, and one count of forgery. The trial court subsequently merged several of the offenses so as to leave in place twelve counts of rape and one count of forgery. After a sentencing hearing, the trial court ordered the Defendant to serve an effective sentence of thirty-five years. In this appeal, the Defendant challenges (1) the trial court’s ruling under Tennessee Rule of Evidence 404(b) that evidence of his uncharged bad acts was admissible; (2) the State’s election of offenses; (3) the sufficiency of the evidence; and (4) his sentence. We hold that (1) the Defendant is not entitled to relief from the trial court’s Rule 404(b) ruling; (2) the Defendant has not demonstrated that the State’s election of offenses was fatally deficient; and (3) the evidence is sufficient to support his convictions. We also affirm the trial court’s sentencing decisions. Accordingly, we affirm the Defendant’s convictions and sentences.