STATE OF TENNESSEE v. GLEN B. HOWARD - Articles

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Posted by: Chandra Williams on Aug 4, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael E. Richardson (at motion for new trial and on appeal), Chattanooga, Tennessee; Raymond T. Faller, District Public Defender; Mary Ann Green and Ted Engel, Assistant District Public Defenders (at trial), for the appellant, Glen B. Howard.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; Neal Pinkston, District Attorney General; Charles D. Minor and Amanda Morrison, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Glen B. Howard, was indicted by the Hamilton County Grand Jury with five counts of rape of a child and one count of aggravated sexual battery. After a jury trial, Defendant was found guilty of four counts of rape of a child and one count of aggravated sexual battery as charged and one count of aggravated sexual battery as a lesser included offense of rape of a child. He was sentenced to an effective sentence of fifty years in incarceration. After a thorough review of the record, and in light of State v. John J. Ortega, Jr., No. M2014-01042-CCA-R3-CD, 2015 WL 1870095 (Tenn. Crim. App. Apr. 23, 2015), we determine that Defendant’s conviction for aggravated sexual battery as a lesser included offense of rape of a child was improper. We are unable to determine from the record whether the evidence supports a conviction for the next properly charged lesser included offense, child abuse. Consequently, we vacate the conviction for aggravated sexual battery. The remaining convictions and fifty year sentence are affirmed. Accordingly, the judgments of the trial court are affirmed in part, vacated in part, and remanded for further proceedings consistent with this opinion.

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