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Posted by: Tanja Trezise on Dec 19, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen M. Wallace, District Public Defender (on appeal); Leslie S. Hale, Assistant District Public Defender (on appeal); Steve McEwen, Mountain City, Tennessee (on appeal); and Frank L. Slaughter, Jr., Bristol, Tennessee (at trial) for the appellant, Gwendolyn Hagerman.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Barry Staubus, District Attorney General; and Amber Massengill, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant was found guilty by a Sullivan County Criminal Court jury of five counts of rape of a child involving the daughter of the Defendant’s then-girlfriend. See T.C.A. § 39- 13-522 (1997). She was sentenced as a Range I offender to twenty years for each conviction to be served at 100% as a child rapist. The trial court ordered partial consecutive sentencing, for an effective sixty-year sentence. In the Defendant’s previous appeal, she contended that: (1) the evidence is insufficient to support the convictions; (2) there was a material variance between the presentment, the bill of particulars, the election of offenses, and the proof; (3) the trial court erred in denying her motion to dismiss the charges due to pre-accusation delay; (4) the court erred in declining to conduct an in camera review of Department of Children’s Services (DCS) records; and (5) the court erred in imposing consecutive sentences. State v. Gwendolyn Hagerman, No. E2011-00233-CCA-R3-CD (Tenn. Crim. App. June 4, 2013), perm. app. granted, case remanded (Tenn. Nov. 13, 2013). After we affirmed the Defendant’s convictions, the Tennessee Supreme Court granted her application for permission to appeal and remanded the case in order for this court to order that the record be supplemented with the victim’s DCS records and for reconsideration of the case in light of the supplemented record. State v. Gwendolyn Hagerman, No. E2011-00233-CCA-R3-SC (Tenn. Nov. 13, 2013) (per curiam) (order). Having ordered that the record be supplemented and having reviewed the DCS records, we affirm the judgments of the trial court.