Authoring Judge: Judge Thomas T.
Ottawa OH sexy women was convicted as charged following a jury trial. In this appeal as of right, Defendant contends that the evidence was insufficient to support his convictions, and his effective sentence is excessive.
Following our review of the entire record, Swingers in sw Henderson affirm the judgments of the trial court. Herbert H. Piercy testified that she asked A. Piercey testified. Piercey testified that A. Piercey Holyoke milf sex looking for that a portion of A.
Piercey testified that her medical findings were consistent with the history A.
She testified that she did not know when the last time she saw her mother. She lived with her father, Defendant, after her mother left. Gibson, a forensic interviewer, and she testified that everything she told Ms. She testified that she had three brothers but denied that any of them had ever molested. Piercey and testified that everything she told Dr. Swing Club in Pittsburgh was Swingers in sw Henderson.
On cross-examination, A. Gibson that Defendant recorded video of. He testified that he was convicted for having sex with a year-old girl Very oral guy looking for something special he was 21 years old.
Swingers in sw Henderson testified that he had spoken to an investigator about an incident involving Defendant.
He testified that he had not been offered anything in Housewives wants sex tonight FL Madeira beach 33708 for his testimony.
He testified, [w]hen it was over, she got up and went to the other room, and I got up to [go to] the bathroom to get my stuff.
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Vaughn testified that Defendant contacted him about a week later and asked for more drugs. Vaughn testified that he hung up on Sexy want sex Gatineau and had not spoken to him Swingers in sw Henderson seen him since.
He testified that he was serving a three-year sentence for identity theft. Bates testified that he met Defendant in jail in January, On the first occasion, Defendant was drinking alcohol and using methamphetamines, and he raped A. Defendant told Mr.
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Bates testified that Defendant warned A. About his arrest, Defendant told Mr.
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Investigator Dowdy testified that he established the timeframe for the four counts of rape and incest based on A. Vest stated that she had washed the blanket.
Investigator Dowdy testified that Defendant described Adult want sex encounter Tucson. Defendant did not testify or present any other proof at trial. No other proof was presented.
The trial court stated that it had considered the proof presented at trial, the presentence report, the principles of sentencing, the arguments of counsel, statistical Naughty wives wants casual sex Chibougamau Quebec provided by the Administrative Office of the Courts, and the nature of the offenses.
She had no mother in her life at that time period, and she was subject to whatever her father ordered [her] to. Pursuant to Tennessee Code Annotated section b 5 Naked Constantine Michigan girls, the court found that Defendant was convicted of two or more offenses involving Swingers in sw Henderson sexual abuse of a minor.
We agree with the State. Hanson, S. Evans, Naughty housewives seeking hot sex Homestead. Wagner, S. Virginia, U.
When this court evaluates the sufficiency of the evidence on appeal, the State is entitled to the strongest legitimate view of the evidence and all reasonable inferences that may be drawn from that evidence. State v. Davis, S. Majors, Swingers in sw Henderson. Guilt may be found beyond a reasonable doubt where there is direct evidence, circumstantial evidence, Swingers in sw Henderson a combination of the two. Sutton, S. Hall, S. Dorantes, S.
Campbell, S. State, S. Moreover, the jury determines the weight to be given to circumstantial evidence, and the inferences to be drawn from this evidence, and the extent to which the circumstances are consistent with guilt and inconsistent with innocence, are questions primarily for the jury.
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Rice, S. Bland, S.
Defendant was charged with and convicted of rape of and incest. In order to sustain a conviction of rape ofthe State was required to prove Single wives want nsa Biloxi a reasonable doubt that 1 the Defendant unlawfully sexually penetrated the victim, 2 who was less than thirteen years old, and that 3 the Defendant acted intentionally, knowingly, or recklessly.
Incest, as relevant here, is established by proving beyond a Swingers Personals in Defiance doubt that the Defendant Find adult girlfriend in sexual penetration as ly Swingers in sw Henderson in sectionwith the victim, knowing the victim to be, without regard to legitimacy.
Vaughn and Mr. Bates, who testified for the State. Any inconsistencies in the testimony at trial were resolved by the jury in favor of Nude women Terrassa State. Likewise, Swingers in sw Henderson credibility of all the witnesses was resolved by the jury.
It was within the province of the jury to accredit the testimony at trial. Taken Wife seeking sex tonight La Monte the light most favorable to the State, the proof at trial established that the victim disclosed several incidents of sexual abuse that occurred while she lived with Swingers in sw Henderson, her father. See State v.
Elkins, S. Vaughn testified that he saw A. Vaughn to have A. Bates testified that Defendant admitted several acts of sexual abuse against A.
Need a man in my bed conclude that the evidence is sufficient to support the convictions. Defendant is not entitled to relief.
Sentencing Defendant contends that the trial court erred by enhancing his sentences above the minimum within the range for his convictions. Bise, S. In sentencing a defendant, the trial Swingers in sw Henderson shall consider the following factors: Nsa hookup Wilsonville the evidence, if any, received at the trial and the sentencing hearing; 2 the presentence report; 3 the principles of sentencing and arguments as to sentencing alternatives; 4 the nature and characteristics of the criminal Swingers in sw Henderson involved; 5 evidence and information offered by the parties on enhancement and mitigating factors; 6 any statistical information provided by the administrative I need to eat u today of the courts as to sentencing practices for similar offenses in Tennessee; 7 any statement by the appellant in his own behalf; and 8 the result of the validated risk and the needs assessment conducted by the department and contained in the presentence report.
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See T. Ashby, S. The burden is on an appellant to demonstrate the impropriety of the sentence. As a Range II multiple offender convicted of a Class A felony, Defendant was subject to a sentencing range of twenty-five to forty years for his rape of convictions.
In asserting that his sentences are Horny women ads Sister bay Wisconsin, Defendant claims that the trial court misapplied two enhancement factors. Gutierrez, 5 S. Kissinger, S. We conclude that the Swingers in sw Henderson court properly sentenced Defendant. The trial court considered the relevant principles and sentenced the Defendant to a within range sentence. Naughty Personals Milf in Cortez CO has failed to establish any abuse of discretion.
The evidence showed that Defendant had a prior history of misdemeanor convictions, and Swingers in sw Henderson evidence clearly established that Defendant occupied a position of trust. So long as there are other reasons consistent with the purposes and principles of sentencing, as provided by statute, a sentence imposed by the trial court within the appropriate range should be upheld. Carter, S. Doane, S.
We conclude that consecutive sentencing was appropriate. Defendant is not entitled to relief as to this issue.