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Posted by: Tanja Trezise on Mar 19, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

T. Craig Smith, Johnson City, Tennessee, for the appellant, Jonathan Kyle Hulse.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Tony Clark, District Attorney General; and Erin D. McArdle and Dennis Dwayne Brooks, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Jonathan Kyle Hulse, was found guilty by a Washington County Criminal Court jury of aggravated rape, a Class A felony; especially aggravated kidnapping, a Class A felony; and unauthorized use of a vehicle, a Class A misdemeanor. See T.C.A. §§ 39-13- 502 (2010) (aggravated rape), 39-13-305 (2010) (especially aggravated kidnapping), 39-14- 106 (2010) (unauthorized use of a vehicle). He was sentenced as a violent offender to twenty-nine years for each of the Class A felonies and to eleven months and twenty-nine days for the misdemeanor. The trial court ordered that the felony convictions be served consecutively, for an effective fifty-eight-year sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support the especially aggravated kidnapping conviction, (2) his dual convictions for aggravated rape and especially aggravated kidnapping violate due process principles, and (3) the trial court erred in admitting evidence of the deceased victim’s statements about the crimes as excited utterances. We affirm the judgments of the trial court.