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Posted by: Tanja Trezise on Sep 21, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Patrick Johnson, Nashville, Tennessee (on appeal); Gerald R. Melton, District Public Defender; and Russell D. Perkins, Assistant Public Defender (at trial), for the appellant, Gregory Moore.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William C. Whitesell, District Attorney General; and Laural A. Hemenway, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

A Rutherford County Criminal Court jury convicted the defendant, Gregory Moore, of one count of aggravated sexual battery, see T.C.A. § 39-13-504(a)(4) (2006), and three counts of soliciting sexual exploitation of a minor, see id. § 39-13-529(b)(1),1 for offenses committed against his seven-year-old step-daughter. The trial court imposed an effective sentence of 13 years’ incarceration. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction of aggravated sexual battery and the trial court’s imposition of sentences. We discern an anomaly in the judgments for counts three and four requiring correction on remand. We otherwise affirm the judgments of the trial court, as modified.