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Posted by: Barry Kolar on Feb 27, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Marty B. McAfee, Memphis, Tennessee, for the appellant, Derrick Braxton.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Amy P. Weirich, District Attorney General; Carrie Sheldon and Caveat Ostner, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Derrick Braxton, was convicted as charged for one count of aggravated sexual battery and sentenced to ten years’ confinement to be served at 100 percent release eligibility. Defendant appeals his conviction and sentence and asserts the following: 1) the trial court erred by denying his motion for judgment of acquittal and the evidence is insufficient to support his conviction; 2) his sentence is excessive; 3) the trial court failed to act as thirteenth juror; and 4) the prosecutor’s comments about Defendant’s credibility during closing argument were improper. Finding no error, we affirm the judgment of the trial court.