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Posted by: Tanja Trezise on Dec 16, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Tony N. Brayton (on appeal) and Robert Trent Hall (at trial), Memphis, Tennessee, for the appellant, Antonio Gale.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Abby Wallace, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Antonio Gale, was indicted by the Shelby County Grand Jury for two counts of aggravated rape. After a jury trial, Defendant was found guilty of the lesser-included offenses of rape in Count One and assault in Count Two. The trial court merged the convictions and sentenced Defendant to eleven years at 100% for the rape conviction. After the denial of a motion for new trial, Defendant seeks resolution of the following issues on appeal: (1) whether the evidence was sufficient to support the conviction of rape; and (2) whether the trial court abused its discretion in sentencing Defendant. After a thorough review of the record and applicable authorities, we determine that the evidence was sufficient to support the conviction for rape and that the trial court did not abuse its discretion in sentencing Defendant to eleven years for the conviction. Accordingly, the judgment of the trial court is affirmed.