Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Guillen v. State

Court of Criminal Appeals of Tennessee, Jackson

November 22, 2016

LUIS GUILLEN
v.
STATE OF TENNESSEE

          Assigned on Briefs at Knoxville August 16, 2016

         Appeal from the Criminal Court for Shelby County No. 10-04491 Lee V. Coffee, Judge

         The Petitioner, Luis Guillen, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his convictions of one count of aggravated rape and three counts of aggravated kidnapping and resulting effective thirty-five-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel. Based upon the record and the parties' briefs, we affirm the judgment of the post-conviction court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          Genna M. Lutz, Memphis, Tennessee, for the appellant, Luis Guillen.

          Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Jose Leon, Assistant District Attorney General, for the appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which James Curwood Witt, Jr., and D. Kelly Thomas, Jr., JJ., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE

         I. Factual Background

         In July 2010, the Shelby County Grand Jury indicted the Petitioner for one count of aggravated rape, a Class A felony, and three counts of aggravated kidnapping, a Class B felony, for events that occurred between December 26, 2009, and December 31, 2009. In January 2012, a jury convicted the Petitioner as charged. After a sentencing hearing, the trial court merged the aggravated kidnapping convictions and sentenced him as a Range I, violent offender to consecutive sentences of twenty-five years for aggravated rape and ten years for aggravated kidnapping.

         On direct appeal of his convictions to this court, the Petitioner argued that the evidence was insufficient to support the convictions and that his effective thirty-five-year sentence was excessive. State v. Luis Guillen, No. W2012-00826-CCA-R3-CD, 2013 WL 4007532, at *1 (Tenn. Crim. App. at Jackson, Aug. 2, 2013), perm. to appeal denied, (Tenn. Dec. 10, 2013). This court concluded that the evidence was sufficient, stating as follows:

Evidence sufficient to support the jury's conclusion with respect [to] each of these elements [of aggravated rape] is contained in the record. The victim testified that the defendant attacked her and forced intercourse on her both over her resistance and against her will, notwithstanding her repeated pleas that she did not want to have sex. The victim testified that she was repeatedly beaten by the defendant during the assault and that she was injured as a result. The victim's testimony concerning her injuries was supported by numerous photographs presented at trial as well as by the testimony of law enforcement officers and medical personnel who treated her after the attack.
. . . .
Evidence sufficient to support the jury's conclusion with respect each of these elements [of aggravated kidnapping also] is contained in the record. The State presented considerable evidence at trial the defendant confined the victim at his residence for a period of nearly four days against her will. In addition to the victim's direct testimony on the subject, her testimony on these issues was supported by considerable circumstantial evidence, including the victim's friend's testimony concerning the unusual length of time that she was gone, her unusual behavior during conversations that they had with her on the phone, and the fear and anxiety that she exhibited immediately upon being returned home.
With respect to the remaining elements of aggravated kidnapping, the State presented sufficient evidence to support the jury's finding that the victim was injured during her period of confinement for the reasons we have previously summarized. The jury could also reasonably infer, based on the victim's testimony and that of other witnesses at trial, that the purpose of this confinement was to facilitate the rape and to prevent the victim from reporting it afterward.

Id at *13. In addition, this court concluded that the trial court properly sentenced the Petitioner. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.