All Content

Posted by: Amelia Ferrell Knisely on May 26, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Charles S. Mitchell, Memphis, Tennessee, for the Appellant, Antonio Howard.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Josh Corman, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Antonio Howard, along with four co-defendants, was indicted by the Shelby County Grand Jury for six counts of aggravated rape, one count of especially aggravated robbery, two counts of aggravated robbery, and three counts of aggravated assault. Following a jury trial, he was convicted as charged following a jury trial. The trial court merged counts 4-6 of aggravated rape with counts 1-3 of aggravated rape and sentenced Defendant to consecutive sentences of 25 years on each count. The trial court merged Defendant's convictions for aggravated assault with his convictions for especially aggravated robbery and aggravated robbery and sentenced Defendant to consecutive sentences of 25 years for especially aggravated robbery and 12 years for each count of aggravated robbery. The total effective sentence imposed was 124 years. In this appeal as of right, Defendant raises the following issues for our review: 1) the evidence was insufficient to support his convictions, and the trial court erred by denying Defendant's motion for judgment of acquittal; 2) the trial court erred by imposing the maximum sentence within the applicable range and imposing consecutive sentencing; and 3) the trial court erred by allowing a co-defendant to testify wearing “street clothing,” by allowing a victim to testify to “prejudicial, irrelevant and inflammatory information,” and by not permitting Defendant to cross-examine a State's witness about the substance of her report. Following a careful review of the record, we conclude that Defendant is not entitled to relief. Accordingly, the judgments of the trial court are affirmed.