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Posted by: Landry Butler on Aug 15, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen C. Bush, District Public Defender; Harry E. Sayle III, and Charles Walker, Assistant Public Defenders, Memphis, Tennessee, for the appellant, Mario Bowles.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Dru Carpenter, and Cavet Ostner, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Mario Bowles, was convicted by a Shelby County jury of two counts of aggravated rape and one count of aggravated kidnapping. The trial court sentenced Defendant to twenty-three years at one-hundred percent for each count of aggravated rape, which the trial court merged, and twenty-three years at one-hundred percent for aggravated kidnapping. The sentences were ordered to be served concurrently with one another and consecutively with an unrelated case. On appeal, Defendant argues that the evidence was insufficient to support his convictions for aggravated rape and that the trial court erred by failing to instruct the jury on the lesser-included offense of attempted aggravated rape. After a thorough review, we affirm the judgments of the trial court.