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Posted by: Tanja Trezise on Dec 4, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

David N. Brady, District Public Defender; and E. J. Mackie, Assistant Public Defender, Cookeville, Tennessee, for the appellant, Gary Randall Moser.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; William E. Gibson, District Attorney General; and Anthony Craighead, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

The Putnam County Grand Jury indicted Appellant, Gary Randall Moser, for two counts of aggravated kidnapping and one count of aggravated assault resulting from an altercation with his girlfriend. Following a jury trial, Appellant was convicted of two lesser included offenses of false imprisonment. These offenses were merged into one count, and the trial court sentenced Appellant to 319 days in the county jail. Appellant appeals his conviction based upon his arguments that the trial court erred in admitting hearsay testimony alleging it violated Appellant’s right under the Confrontation Clauses of both the Tennessee and United States Constitutions. Appellant also contends that the evidence was insufficient to support his conviction. We have determined the statement in question was nontestimonial and properly admitted under the excited utterance exception to the hearsay rule and, therefore, there is no error in its admission. We have also determined that the evidence was sufficient to support Appellant’s conviction. Therefore, we affirm the judgment of the trial court.