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Posted by: Tanja Trezise on Oct 25, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Peggy R. Smith, White Bluff, Tennessee, for the appellant, Tommy Earl Jones.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Dan M. Alsobrooks, District Attorney General; and Billy Henry Miller, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

Following a retrial, the Defendant, Tommy Earl Jones, was convicted by a jury of rape, theft of property valued between $1,000 and $10,000, aggravated kidnapping, and aggravated burglary. The trial court ordered that the ten-year sentence for rape be served consecutively to the ten-year sentence for aggravated kidnapping, for a total effective sentence of twenty years. In this direct appeal, the Defendant again contends that (1) the trial court erred when it excluded him from jury selection, trial, and the return of the verdict in the absence of any waiver; and (2) the trial court erred in imposing consecutive sentencing. After our review, we conclude that the trial court complied with the dictates from this court upon remand. Accordingly, there is no error in the judgments of the trial court, and we affirm.