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Posted by: Tanja Trezise on Oct 31, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen C. Bush, District Public Defender; and Harry E. Sayle III, Assistant District Public Defender (on appeal); and James Hale, Assistant Public Defender (at trial), for the appellant, Ronnie Ingram.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; Abby Wallace and Chris West, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WITT

A Shelby County Criminal Court jury convicted the defendant, Ronnie Ingram, of aggravated burglary, see T.C.A. § 39-14-403; theft of property valued at more than $500 but less than $1,000, see id. § 39-14-103, 105(2); criminal exposure to human immunodeficiency virus (“HIV”), see id. § 39-13-109; evading arrest, see id. § 39-16-603; and resisting arrest, see id. § 39-16-602. The trial court imposed a total effective sentence of 32 years plus 11 months and 29 days’ incarceration. On appeal, the defendant challenges only the sufficiency of the evidence to support his conviction of criminal exposure to HIV. Because we determine that the State failed to establish an element of the offense, we reverse the defendant’s conviction of criminal exposure to HIV and dismiss that charge. In lieu thereof, we impose a conviction of attempt to expose one to HIV and remand for sentencing on this modified conviction. Because the defendant raises no challenge to his remaining convictions, the judgments of the trial court are affirmed in all other respects.