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Posted by: Tanja Trezise on Jul 23, 2013

Head Comment: With concurring opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Dewun R. Settle, Memphis, Tennessee, (on appeal); Stephen C. Bush, District Public Defender; Alicia Kutch and Jennifer Johnson, Assistant Public Defenders, Memphis, Tennessee, (at trial), for the appellant, Kenny Kimble.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Amy P. Weirich, District Attorney General; Carrie Sheldon and Jennifer Nichols, Assistant District Attorneys General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Following a jury trial, Defendant, Kenny Kimble, was found guilty of rape of a child. The trial court imposed a sentence of twenty-five years. In his only issue raised on appeal, Defendant asserts that the trial court erroneously admitted hearsay testimony. The State argues that this issue is waived because the motion for new trial was untimely filed, having been filed more than thirty days after entry of the judgment of conviction. We reject the State’s argument concerning the timeliness of the motion for new trial. The judgment of conviction was not stamp-filed by the clerk, and thus there is nothing in the record to show that the motion for new trial was filed late. However, after review of the issue on its merits, we affirm the judgment of the trial court.