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Posted by: Chandra Williams on Jul 27, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Guy T. Wilkinson, District Public Defender; Gary J. Swayne, Assistant Public Defender, Camden, Tennessee, for the Defendant, Brian Lee Webb.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Matthew F. Stowe, District Attorney General; and Bruce I. Griffey, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant, Brian Lee Webb, was convicted by a Benton County jury of rape of a child (Count 1) and aggravated sexual battery (Count 2). He was sentenced to a concurrent term of forty years? confinement for the child rape conviction and twelve years? confinement for the aggravated sexual battery conviction, for an effective sentence of forty years in the Tennessee Department of Correction (TDOC). On appeal, the Defendant argues that the evidence is insufficient to sustain his convictions and that the trial court erred in not considering certain mitigating evidence in sentencing. Because neither the record nor the judgment reflects service of the aggravated sexual battery conviction at 100% as mandated by statute, we are compelled to remand Count 2 for entry of corrected judgment. In all other respects, we affirm the judgments of the trial court.