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Posted by: Landry Butler on Nov 14, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Joshua T. Crain, Murfreesboro, Tennessee, for the appellant, John David Smartt.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Lisa Zavogiannis, District Attorney General; and Thomas Miner, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, John David Smartt, was indicted for five counts of rape of a child, (Counts 1, 2, 3, 6, and 9); one count of rape, (Count 12); three counts of especially aggravated sexual exploitation of a child, (Counts 4, 7, and 10); and three counts of aggravated sexual exploitation of a child (Counts 5, 8, and 11). Following a second jury trial, after the first trial ended in a mistrial, Defendant was convicted as charged on all twelve counts. The trial court imposed an effective sentence of 153 years’ incarceration. In this appeal as of right, Defendant contends that: 1) the trial court erred by allowing testimony regarding a recorded phone call by the victim to Defendant; 2) the trial court erred by allowing into evidence Defendant’s wife’s journal; 3) the evidence was insufficient to support Defendant’s convictions; 4) this court should overturn prior case law, so that the testimony of a victim regarding the content of sexually explicit material must be corroborated; and 5) his sentence is excessive. Having reviewed the entire record and the arguments of the parties, we affirm the judgments of the trial court.