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Posted by: Brittany Sims on Jun 17, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Neil Umsted Memphis, Tennessee, for the appellant, Aaricka Biley.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Terre Fratesi, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, Aaricka Biley, was indicted by the Shelby County Grand Jury for aggravated child abuse in Count One and aggravated child neglect or endangerment in Count Two. At trial, after the State’s proof, the trial court granted a motion for judgment of acquittal with respect to Count Two. At the conclusion of the trial, the jury found Appellant guilty of aggravated child abuse. The trial court sentenced Appellant to thirteen years and six months in incarceration. After the denial of a motion for new trial, Appellant initiated this appeal. On appeal, Appellant argues: (1) the trial court erroneously failed to compel the State to elect a particular act or injury; (2) the trial court erroneously failed to charge the jury with an enhanced unanimity instruction; and (3) the evidence was insufficient to support the conviction. After a review of the record and applicable authorities, we conclude: (1) after the trial court dismissed one count of the indictment, the State was not required to make an election; and (2) the evidence was sufficient to support a conviction for aggravated child abuse. Consequently, the judgment of the trial court is affirmed.