[Download] "State Tennessee v. Freddie Everett Russell" by at Jackson Supreme Court of Tennessee " eBook PDF Kindle ePub Free

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eBook details

• Title: State Tennessee v. Freddie Everett Russell
• Author : at Jackson Supreme Court of Tennessee
• Release Date : January 19, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

The defendant, Freddie Everett Russell, was convicted of aggravated rape (sexual penetration of a child under the age of 13
years), incest and crime against nature with the same child. The age of the victim was not alleged in the second and third
counts but was alleged in the first count. Upon conviction of all three counts, the Trial Court found the defendant to be
a Range I Standard offender and imposed a Range I sentence as to each count, each sentence being for a term of 20 years. The
sentences were ordered to run concurrently. The 20-year sentence is within Range I for Count I (aggravated rape) 1 within
Range II for Count 2 (incest) 2 and in excess of the maximum for Count III (crime against nature). 3 The defendant filed a notice of appeal on July 28, 1988. In the defendant's brief filed in the Court of Criminal Appeals,
he asserted insufficiency of the evidence, erroneous admission of his tape-recorded conversation, and the illegality of the
sentence imposed for crime against nature. By responsive brief, the State conceded the error on the crime against nature sentence
because the maximum punishment for this offense is 15 years. The State also assigned issue that the Range I sentencing was
"erroneous"; that Range II sentencing was required. The Court of Criminal Appeals modified the 20-years sentence imposed under
Counts 2 and 3 (incest and crime against nature) to 5 years on each count, but declined to grant relief to the State with
the result that all sentences are at this stage minimum Range I sentences. This Court granted the State's application to appeal
for the purpose of considering the State's issue concerning the legality of the Range I sentences.

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