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Posted by: Tanja Trezise on Sep 25, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Clifford K. McGown, Jr., Waverly, Tennessee (on appeal); Donna Hargrove, District Public Defender, and William J. Harold, Assistant District Public Defender, Lewisburg, Tennessee (at trial) for the appellant, Owen Presley.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

A Marshall County jury convicted appellant, Owen Presley, of two counts of aggravated kidnapping and six counts of rape. The trial court merged the two counts of aggravated kidnapping into one count and the six counts of rape into one count and ordered the appellant to serve concurrent sentences of twelve years in the Tennessee Department of Correction. On appeal, appellant argues that the evidence was insufficient to convict him and that the trial court should have merged his conviction for aggravated kidnapping with his rape conviction. After reviewing the record, we conclude that appellant untimely filed his notice of appeal and that the interest of justice does not require this court to waive the timely filing requirement. Accordingly, we dismiss the appeal.