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Posted by: Tanja Trezise on Aug 6, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

James O. Martin, III, Nashville, Tennessee, for the appellant, David Chardwick Wooten.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Kristin Menke, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Davidson County Criminal Court Jury convicted the appellant, David Chardwick Wooten, of two counts of aggravated sexual battery, a Class B felony, and the trial court sentenced him to ten years for each conviction to be served concurrently. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions; (2) the State’s inadequate election of offenses deprived him of his constitutional right to a unanimous verdict for count 2; and (3) the trial court should have granted his request for a mistrial when a State witness testified that he refused to take a polygraph examination. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.