All Content

Posted by: Tanja Trezise on May 23, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Dawn Deaner, District Public Defender; Jeffrey A. DeVasher (on appeal), Katie Weiss and J. Michael Engle (at trial), Assistant District Public Defenders, Nashville, Tennessee, for the appellant, Willie Earl Brown, Jr.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Smith, Associate Deputy Attorney General; David H. Findley, Senior Counsel; Victor S. Johnson, III, District Attorney General; Sharon Reddick and Allegra Montgomery, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): PAGE

This appeal arises from the second jury trial in this matter. At his first trial, a Davidson County jury convicted appellant, Willie Earl Brown, Jr., of eleven counts of rape of a child, and he received a sentence of seventy-four years in the Tennessee Department of Correction. On appeal, this court reversed his convictions based on the improper admission of evidence relating to uncharged sexual conduct and remanded for a new trial. See State v. Willie Earl Brown, Jr., No. M2009-00505-CCA-R3-CD, 2010 WL 4396490, at *1 (Tenn. Crim. App. Nov. 15, 2010). Following the remand, the parties amended the indictment to charge eight counts of rape of a child. At his second trial, the jury convicted him as charged, and the trial court sentenced him to an effective sentence of eighty years in the Tennessee Department of Correction. In this appeal, appellant argues that (1) the State’s election of offenses failed to distinguish count seven from counts one and four; (2) the trial court erred by admitting the victim’s forensic interview; (3) the trial court erred by imposing a harsher sentence after appellant’s second trial; and (4) the trial court erred by imposing partial consecutive sentences. Following a thorough review of the record, we affirm the trial court’s judgments.