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04/29/92 STATE TENNESSEE v. JERRY DWAYNE CAMMUSE

April 29, 1992

STATE OF TENNESSEE, APPELLEE
v.
JERRY DWAYNE CAMMUSE, APPELLANT



Davidson County. Ann Lacy Johns, Judge. (Aggravated Rape and Aggravated Sexual Battery)

Jones, Birch, Jr., Summers

The opinion of the court was delivered by: Jones

The appellant, Jerry Dwayne Cammuse, was convicted of two counts of sexual battery, four counts of aggravated sexual battery, two counts of rape, and fourteen counts of aggravated rape by a jury of his peers. The trial court found that the appellant was a standard offender and imposed the following Range I sentences:

a.) Count 1, aggravated sexual battery, the victim being N.C., ten (10) years in the Department of Correction;

b.) Count 2, aggravated seal battery, the victim being N.C., ten (10) years in the Department of Correction;

c.) Count 3, aggravated sexual battery, the victim being N.C., ten (10) years in the Department of Correction;

d.) Count 4, aggravated sexual battery, the victim being N.C., ten (10) years in the Department of Correction;

e.) Count 5, sexual battery, the victim being N.C., two (2) years in the Department of Correction;

f.) Count 6, sexual battery, the victim being N.C., two (2) years in the Department of Correction;

g.) Count 7, aggravated rape, the victim being N.C., twenty (20) years in the Department of Correction;

h.) Count 9, aggravated rape, the victim being N.C., twenty (20) years in the Department of Correction;

i.) Count 10, aggravated rape, the victim being N.C., twenty (20) years in the Department of Correction;

j.) Count 11, aggravated rape, the victim being N.C., twenty (20) years in the Department of Correction;

k.) Count 12, aggravated rape, the victim being N.C., twenty (20) years in the Department of Correction;

l.) Count 13, rape, the victim being N.C, ten (10) years in the Department of Correction;

m.) Count 14, rape, the victim being N.C., ten (10) years in the Department of Correction;

n.) Count 15, aggravated rape, the victim being T.C., twenty (20) years in the Department of Correction;

o.) Count 16, aggravated rape, the victim being T.C., twenty (20) years in the Department of Correction;

p.) Count 17, aggravated rape, the victim being T.C., twenty (20) years in the Department of Correction;

q.) Count 18, aggravated rape, the victim being T.C., twenty (20) years in the Department of Correction;

r.) Count 19, aggravated rape, the victim being T.C., twenty (20) years in the Department of Correction;

s.) Count 20, aggravated rape, the victim being T.C., twenty (20) years in the Department of Correction;

t.) Count 21, aggravated rape, the victim being R.C., twenty (20) years in the Department of Correction;

u.) Count 22, aggravated rape, the victim being R.C., twenty (20) years in the Department of Correction; and

v.) Count 23, aggravated rape, the victim being R.C., twenty (20) years in the Department of Correction.

The trial court ordered that counts one and nine are to be served concurrently, counts two and ten are to be served concurrently, counts three and eleven are to be served concurrently, counts four and twelve are to be served concurrently, counts five and thirteen are to be served concurrently, counts six and fourteen are to be served concurrently, and counts fifteen and sixteen are to be served concurrently. However, these combinations of sentences are to be served consecutively to each other as well as consecutively to the remaining counts of the indictment, i.e. counts seven, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two and twenty-three. The effective sentence imposed is 280 years in the Department of Correction.

The appellant presents six (6) issues for review. He contends the evidence contained in the record will not support a finding by a rational trier of fact that he is guilty of the offenses of which he stands convicted beyond a reasonable doubt. He further contends that the trial court committed error of prejudicial dimensions in (a) denying his motion to suppress a tape recorded statement he made to law enforcement officers, (b) denying his motion to dismiss those counts of the indictment that simply alleged the year in which the offenses were supposed to have been committed, (c) denying his motion to dismiss those counts of the indictment alleging offenses occurring prior to 1990 on the ground the records of the Department of Human Services had disappeared, (d) permitting the State to introduce the testimony of a nurse practitioner pursuant to the medical diagnosis and treatment exception to the hearsay rule, and (e) imposing excessive sentences.

I.

The appellant was convicted of sexually abusing his three daughters, N.C., T.C., and R.C. He contends that the evidence introduced during the trial would not support a finding by a rational trier of fact that he was guilty of these offenses beyond a reasonable doubt. The appellant treats each child separately in his brief.

The appellant was convicted of two counts of sexual battery, four counts of aggravated sexual battery, two counts of rape, and five counts of aggravated rape. The victim in each count was his oldest daughter, N.C. The record reflects numerous instances of fondling, fellatio, digital penetration, anal penetration, and vaginal penetration of N.C. between 1983 and 1990. This victim testified that she was sexually abused practically every other day.

The appellant contends that he should not have been convicted of the offenses which occurred between 1982 and 1987, the period the appellant was living with the woman he married after divorcing the children's mother. The record clearly reflects that the appellant was sexually abusing ...


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