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Posted by: Chandra Williams on Nov 10, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Billy R. Roe, Jr., Camden, Tennessee, for the Appellant, Randy Cary.

Attorneys 2: Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Matthew F. Stowe, District Attorney General; and Beth Hall and Adam Jowers, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge(s): OGLE

A Carroll County Criminal Court Jury convicted the appellant, Randy Cary, of especially aggravated kidnapping, a Class A felony, aggravated rape, a Class A felony, aggravated assault, a Class D felony, and evading arrest, a Class A misdemeanor. After a sentencing hearing, the trial court merged the aggravated assault conviction into the aggravated rape conviction and sentenced the appellant as a Range III, career offender to an effective sentence of 120 years to be served at 100%. On appeal, the appellant claims that the trial court erred by denying a motion in which he requested that private counsel be allowed to assist with his trial, that the victim?s injuries did not qualify as “serious bodily injury,” and that his effective sentence is excessive. Based upon the record and the parties? briefs, we affirm the judgments of the trial court.