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Posted by: Amelia Ferrell Knisely on Apr 4, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Liddell Kirk (on appeal), and Scott A. Lanzon (at trial), Knoxville, Tennessee, for the appellant, James Patterson.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Randall E. Nichols, District Attorney General; and TaKisha Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.


The Defendant, James Patterson, was found guilty by a Knox County Criminal Court jury of attempt to commit aggravated rape, a Class B felony, and two counts of assault, Class A misdemeanors. See T.C.A. §§ 39-13-502 (2014) (aggravated rape), 39-12-101 (2014) (attempt), 39-13-101 (2010) (amended 2013) (assault). The trial court merged the assault convictions and sentenced the Defendant as a Range I, standard offender to concurrent terms of ten years for attempted aggravated rape and eleven months, twenty-nine days for assault, all to be served on probation. On appeal, the Defendant contends that the evidence is insufficient to support his attempted aggravated rape conviction. We affirm the judgments of the trial court.