STATE OF TENNESSEE v. BARRY H. HOGG - Articles

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Posted by: Tanja Trezise on Apr 20, 2015

Head Comment: CORRECTION: Page 2, second paragraph, 4th line, "Tenn. Code Ann. § 39-13-1005" has been changed to "Tenn. Code Ann. § 39-17-1005." Page 2, second paragraph, 7th line, "Ann. § 39-13-106(c)" has been changed to "Ann. § 39-13-506(c)." Page 5, 1st full paragraph, 7th line, "§ 40-35-114 (4), (7), (10), (7), & (21)" has been changed to "§ 40-35-114 (4), (7), (10), & (21)."

Court: TN Supreme Court

Attorneys 1:

Gregory D. Smith, Clarksville, Tennessee (on appeal); Adam W. Parrish, Lebanon, Tennessee (at trial); and Comer L. Donnell, District Public Defender, and William K. Cather, Assistant Public Defender, for the appellant, Barry H. Hogg.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; Andrew C. Coulam, Assistant Attorney General; Tom P. Thompson, District Attorney General; and Thomas H. Swink and Javin R. Cripps, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): LEE

The defendant was convicted of multiple counts of especially aggravated sexual exploitation of a minor, criminal exposure of another to the human immunodeficiency virus (“HIV”), and aggravated statutory rape. The Court of Criminal Appeals affirmed the convictions. Based on our review, we hold (1) there is sufficient evidence to support the separate convictions of especially aggravated sexual exploitation of a minor and aggravated statutory rape; (2) there is sufficient evidence to support the convictions for four counts of criminal exposure to HIV but insufficient evidence to support the convictions for three of the counts; and (3) the defendant’s sentence, as modified, is not excessive.

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