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Posted by: Barry Kolar on Jun 12, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Troy Fuller, Pro Se, Whiteville, Tennessee.

Attorneys 2: Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Jerry Woodall, District Attorney General; and Brian Gilliam, Assistant District Attorney General, for the appellee, State of Tennessee.


Appellant, Troy Fuller, was convicted by a Madison County jury of rape, aggravated criminal trespass, and violation of an order of protection. The trial court sentenced Appellant to an effective sentence of twelve years. On appeal, Appellant complains that the evidence was insufficient to support his convictions, the length of his sentence was excessive, that the jury was not instructed on the offense of assault and that his wife’s car was illegally searched. On appeal, we determine that the evidence was sufficient to support his convictions; he has waived any issue regrading his sentence because he failed to include a copy of the presentence report in the record; Appellant has waived any issue regarding an assault instruction because he failed to request one; and his constitutional rights were not violated by the search of the car because the knife, which was recovered from the search, was not presented as evidence at trial. Therefore, we affirm the judgments of the trial court.