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Posted by: Tanja Trezise on Feb 10, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen C. Bush, District Public Defender; and Harry E. Sayle III (on appeal) and Trent Hall (at trial), Assistant District Public Defenders, Memphis, Tennessee, for the appellant, Norman McDowell.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Christopher Judson Lareau, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Appellant, Norman McDowell, was convicted of aggravated robbery, a Class B felony; two counts of aggravated rape, Class A felonies; and aggravated statutory rape, a Class D felony. The trial court merged appellant’s aggravated rape convictions and sentenced appellant to an effective twenty-two-year sentence. On appeal, appellant argues that the evidence at trial was insufficient to support his aggravated rape and aggravated robbery convictions. Following our review of the briefs, the record, and the applicable law, we reduce one of appellant’s merged aggravated rape convictions to rape, affirm the trial court’s judgments as modified, and remand to the trial court for a new sentencing hearing.