STATE OF TENNESSEE v. MARTIN DEAN GIBBS - Articles

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Posted by: Tanja Trezise on Jun 27, 2012

Head Comment: With Concurring Opinion

Court: TN Court of Criminal Appeals

Attorneys 1:

Jeffrey A. DeVasher (on appeal), Melissa Harrison (at trial and on appeal), and J. Michael Engle (at trial), Nashville, Tennessee, for appellant, Martin Dean Gibbs.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Sharon Reddick and Rob McGuire, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Davidson County Criminal Court Jury convicted the appellant, Martin Dean Gibbs, of four counts of rape of a child, a Class A felony, and eight counts of aggravated sexual battery, a Class B felony. After a sentencing hearing, the trial court sentenced him to concurrent sentences of twenty-five years for each rape of a child conviction and ten years for each aggravated sexual battery conviction for a total effective sentence of twenty-five years in confinement. On appeal, the appellant contends that (1) the trial court erred by allowing a social worker to testify about the victim’s allegations pursuant to Tennessee Rule of Evidence 803(4), the medical diagnosis and treatment exception to the hearsay rule; (2) the trial court erred by allowing the victim’s mother to testify about the victim’s allegations as prior consistent statements; (3) the evidence is insufficient to support the convictions in counts 7 and 11; and (4) his convictions in counts 1 and 9, 2 and 10, and 3 and 11 violate protections against double jeopardy. The State concedes that the evidence is insufficient as to count 11. Based upon the record and the parties’ briefs, we agree that the evidence is insufficient to support the appellant’s rape of a child conviction in count 11. Therefore, that conviction is reversed, and the charge is dismissed. The appellant’s remaining convictions are affirmed.