STATE OF TENNESSEE v. SHANNON ANN MANESS and DARYL WAYNE MANESS - Articles

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Posted by: Tanja Trezise on Jan 23, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Kandi Kelley Collins, Jackson, Tennessee, for the appellants, Shannon Ann Maness and Daryl Wayne Maness.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Jerry Woodall, District Attorney General, and Jody Pickens, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellants, Daryl and Shannon Maness, were each indicted by the Chester County Grand Jury for two counts of aggravated statutory rape. After a jury trial, Appellants were found guilty as charged. They were each sentenced to an effective sentence of three years. The trial court denied Appellants’ request for alternative sentencing. On appeal, Appellants argue that the trial court erred in denying their motions in limine requesting the exclusion of certain sexually explicit photographs, that the evidence was insufficient to support their convictions, and that the trial court erred in denying their request for alternative sentences. After a thorough review of the record, we conclude that the trial court did not err in denying the motion in limine and that the evidence was sufficient. However, we conclude that the trial court based the denial of alternative sentencing on deterrence grounds without sufficient evidence as required under State v. Hooper, 29 S.W.3d 1 (Tenn. 2000). Therefore, we affirm Appellants’ convictions, but remand for a new sentencing hearing.

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