All Content

Posted by: Tanja Trezise on Jun 5, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Debra A. Wall (on appeal) and J. Runyon (at trial), Clarksville, Tennessee, for the appellant, Windie L. Perry.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Leslie E. Price, Senior Counsel; John W. Carney, District Attorney General; and Kimberly Lund and John Finklea, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

In January 2012, a jury convicted Windie L. Perry (“the Defendant”) of two counts of especially aggravated kidnapping, two counts of aggravated child abuse, facilitation of rape of a child, aggravated assault, two counts of false imprisonment, and six counts of reckless endangerment. For these offenses, the trial court imposed an effective 20-year sentence. On appeal, the Defendant challenges the sufficiency of the evidence as it relates to her convictions for especially aggravated kidnapping, aggravated child abuse, facilitation of rape of a child, and aggravated assault. Following review of the record and relevant authority, we reverse the Defendant’s conviction for aggravated assault, because aggravated assault is not a lesser-included offense of aggravated child abuse as charged in the indictment under Tennessee Code Annotated, section 39-15-402(a)(3), and we remand for a new trial on that count. The Defendant’s remaining convictions are affirmed.