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Posted by: Tanja Trezise on Nov 3, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

James R. Hickman, Jr., Sevierville, Tennessee, for the appellant, Ernest H. Pyle.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; James B. (Jimmy) Dunn, District Attorney General; Ashley McDermott, and George Ioannides, Assistant District Attorneys General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendant, Ernest H. Pyle, was charged by presentment with two counts of especially aggravated kidnapping, two counts of aggravated kidnapping, and one count of resisting arrest. The trial court dismissed at the request of the State the two counts of aggravated kidnapping. A petit jury convicted Defendant of the remaining counts. The trial court properly merged Defendant’s two counts of especially aggravated kidnapping and sentenced Defendant to 25 years’ incarceration. In this appeal as of right, Defendant contends that the evidence was insufficient to support his conviction, and that trial court erred by not granting a mistrial after allowing evidence of a prior bad act. Having carefully reviewed the record before us and the briefs of the parties, we affirm the judgment of the trial court.