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State v. Bradberry

Court of Criminal Appeals of Tennessee, Nashville

March 2, 2017

STATE OF TENNESSEE
v.
ALLAN WAYNE BRADBERRY

          Assigned on Briefs December 13, 2016

         Appeal from the Circuit Court for Humphreys County Nos. 12912, 12855 Suzanne Lockert-Mash, Judge.

         The defendant, Allan Wayne Bradberry, was convicted of twenty-five counts of especially aggravated sexual exploitation of a minor, Tenn. Code Ann. § 39-17-1005, three counts of statutory rape by an authority figure, Tenn. Code Ann. § 39-13-532, one count of sexual exploitation of a minor, Tenn. Code Ann. § 39-17-1003, one count of rape, Tenn. Code Ann. § 39-13-503, and three counts of incest, Tenn. Code Ann. § 39-15-302. On appeal, the defendant argues the trial court failed to require the State to elect the offenses upon which it sought to convict the defendant. The defendant also argues the trial court's imposition of partial consecutive sentencing resulted in an excessive, eighty-four-year sentence. Following our review, we affirm the judgments of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed.

          Michael J. Flanagan, Nashville, Tennessee, for the appellant, Allan Wayne Bradberry.

          Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Assistant Attorney General; Ray Crouch, District Attorney General; and Joseph Hornick and Jennifer Stribling, Assistant District Attorney Generals, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which D. Kelly Thomas, Jr. and Camille R. McMullen, JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE.

         FACTS

         In July 2013, the defendant committed numerous sexual crimes against his daughter, the minor victim. At trial, the State pursued twenty-five counts of especially aggravated sexual exploitation of a minor, three counts of statutory rape by an authority figure, three counts of incest, one count of sexual exploitation of a minor, and one count of rape against the defendant.

         The evidence produced at trial revealed the sexual relationship between the defendant and the victim began during a custodial visit in July 2013. At the time, the victim was thirteen years old and the defendant lived in a trailer located in Humphreys County. The victim testified that during the July visits, she began having sex with the defendant, her father. Additionally, the defendant took sexually explicit pictures and videos of her with his cell phone which he later downloaded onto his computer. The victim identified twenty-four images and two videos depicting her engaged in sexual activity either alone or with the defendant in his trailer. In reviewing each image, the victim identified specific items that were familiar to her. These identifiers included her fingernail polish, a pink tank top, a blue tank top, a pair of her underwear, a scar and birthmark on her body, the defendant's pillows and bedsheets which were "beige with, like, green striping and diamonds on it, " and the defendant's genitals.

         The victim also testified about a specific instance where the defendant forced her into having anal intercourse during a July 2013 visit. She explained the defendant pushed her against a wall in his trailer and penetrated her. Further, the victim explained, "I screamed at him for him to stop, and he didn't there for probably 30 seconds."

         The victim disclosed her sexual relationship with the defendant to a friend, which ultimately led to a criminal investigation by Captain Clay Anderson of the Humphreys County Sheriff's Department. During the investigation, Captain Anderson learned that photographic evidence of the sexual allegations against the defendant might exist and, based on this information, obtained a search warrant for the defendant's trailer. The search of the trailer uncovered two laptop computers, a tower computer, four cell phones, nine DVDs, and a webcam.

         Subsequent to the search, Detective Scott Levasseur, an expert in computer forensics, performed a forensic exam of the defendant's computers. The forensic exam revealed that one of the defendant's laptops contained twenty-four sexual images and two videos of the victim which were taken from an LG cell phone in July 2013 and downloaded to the defendant's computer in August 2013. Detective Levasseur explained the LG cell phone that captured the images "would give the file name as a date stamp . . . and then a sequential number." Each image and video was also embedded with either metadata or EXIF data[1] which further identified the date and time that each image was taken and the device that captured the image. Relying on ...


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