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Posted by: Tanja Trezise on Apr 3, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen C. Bush, District Public Defender; Phyllis L. Aluko (on appeal), Amy G. Mayne (at trial), and Jane Sturdivant (at trial), Assistant District Public Defenders, for the appellant, Melvin Powell.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; Terre Fratesi and E. Cavett Ostner, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Melvin Powell, was found guilty of rape of a child, a Class A felony. See T.C.A. § 39-13-522 (2010) (amended 2011). The trial court sentenced him as a Range I offender to twenty-five years at 100% service. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction, (2) the State failed to make a proper election of the offense, and (3) the trial court erred in admitting paternity testing results based on the laboratory’s accreditation. We affirm the judgment of the trial court.