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Posted by: Tanja Trezise on Jul 18, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

H. Tod Taylor, Assistant Public Defender, Dyersburg, Tennessee, for appellant, Jay Earl Haynes.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; and Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, Jay Earl Haynes, was indicted by the Dyer County Grand Jury in August 2009, for two counts of rape in connection with the anal rape of the two mentally-incapacitated grandsons of Appellant’s live-in girlfriend. Appellant argues that the evidence was insufficient to support his convictions because he could not have known that the victims were mentally incapacitated and that the trial court erred in imposing consecutive sentences. After a thorough review of the record, we conclude that there is ample evidence upon which a reasonable trier of fact could find that Appellant knew of the victims’ mental incapacity and that his criminal activity was so extensive as to support the imposition of consecutive sentences. Therefore, we affirm the judgments of the trial court.