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Posted by: Landry Butler on Mar 27, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Jeffrey A. DeVasher and Emma Rae Tennent (on appeal) and Martesha L. Johnson and Jonathan Wing (at trial), Nashville, Tennessee, for the appellant, Tyrone Batts.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Glenn R. Funk, District Attorney General; and Amy M. Hunter and Mindy Morris, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Davidson County Criminal Court Jury convicted the Appellant, Tyrone Batts, of two counts of rape, a Class B felony; one count of attempted rape, a Class C felony; and one count of robbery, a Class C felony. After a sentencing hearing, the Appellant received an effective thirty-six-year sentence. On appeal, the Appellant contends that the evidence is insufficient to support his robbery conviction, that the trial court erred by allowing a nurse practitioner to testify about statements made by the victim, that the trial court erred by allowing the prosecutor to make improper comments during the State's closing arguments, that his separate convictions for rape and attempted rape violate due process and double jeopardy, and that the trial court erred by imposing the maximum punishment in the range for each offense and consecutive sentencing. Based upon the record and the parties' briefs, we affirm the judgments of the trial court.