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Posted by: Tanja Trezise on Feb 12, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

R. Todd Mosley, Memphis, Tennessee (on appeal) and James Thomas and Mark Saripkin, Memphis, Tennessee (at trial) for the appellant, Mahlon Johnson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Pam Fleming, Assistant District Attorney General, for the appellee, State of Tennessee.


A Shelby County jury convicted the Defendant, Mahlon Johnson, of one count of aggravated assault and two counts of sexual battery, and the trial court sentenced him to an effective sentence of twenty-seven years in the Tennessee Department of Correction. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his convictions for sexual battery; (2) the trial court erred when it failed to merge the sexual battery convictions; (3) the Defendant’s convictions for sexual battery and aggravated assault violate double jeopardy protections; and (4) the trial court improperly sentenced him. The State agrees that there is insufficient evidence to support the Defendant’s sexual battery convictions, and it asks us to reverse those convictions and dismiss the indictments. After a thorough review of the record and applicable authorities, we conclude there exists in the record sufficient evidence to support the Defendant’s convictions and that the trial court did not err when it did not merge those convictions. We further conclude that the trial court did not err when it sentenced the Defendant. We, therefore, affirm the Defendant’s convictions and sentence.