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Posted by: Tanja Trezise on Nov 1, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Manuel B. Russ, Nashville, Tennessee, for the appellant, Denver Joe McMath, Jr.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Sharon Reddick, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Denver Joe McMath, Jr., was indicted by the Davidson County Grand Jury for six counts of aggravated sexual battery and four counts of rape of a child. On motion of the State, the indictment was amended to include four counts each of aggravated sexual battery and rape of a child, and the remaining two counts of aggravated sexual battery were dismissed. Defendant was convicted as charged on all counts of the amended indictment and sentenced to an effective sentence of 140 years. In this direct appeal, Defendant asserts 1) the State’s bill of particulars was insufficient to state the offenses with specificity; 2) the trial court erred by allowing into evidence the testimony of three State’s witnesses, as the testimony constituted inadmissible character evidence and inadmissible hearsay; 3) the trial court erred by allowing the State to introduce into evidence a drawing enclosed with a letter from Defendant to the son of Defendant and the victim’s mother; and 4) the trial court erred in its sentencing. Finding no error, we affirm the judgments of the trial court.