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Posted by: Tanja Trezise on Nov 14, 2012

Head Comment: With dissenting opinion

Court: TN Court of Criminal Appeals

Attorneys 1:

Kevin Angel, Oak Ridge, Tennessee, for the appellant, David Earl Scott.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leslie Nassios, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

The defendant, David Earl Scott, appeals his Knox County Criminal Court jury convictions of especially aggravated kidnapping, aggravated kidnapping, attempted voluntary manslaughter, and aggravated assault, claiming that the evidence is insufficient to support his convictions, that his kidnapping convictions run afoul of the precedent set in State v. Anthony and its progeny, and that the sentence imposed by the trial court is excessive. Because the evidence of serious bodily injury was insufficient, the defendant’s conviction of especially aggravated kidnapping is reversed and modified to a conviction of aggravated kidnapping, and the sentence is modified from 25 years to 12 years. The judgments of the trial court are affirmed in all other respects.