ASSIGNED ON BRIEFS FEBRUARY 7, 2017
from the Criminal Court for Shelby County No. 14-00579 J.
Robert Carter, Jr., Judge
Mario Bowles, was convicted by a Shelby County jury of two
counts of aggravated rape and one count of aggravated
kidnapping. The trial court sentenced Defendant to
twenty-three years at one-hundred percent for each count of
aggravated rape, which the trial court merged, and
twenty-three years at one-hundred percent for aggravated
kidnapping. The sentences were ordered to be served
concurrently with one another and consecutively with an
unrelated case. On appeal, Defendant argues that the evidence
was insufficient to support his convictions for aggravated
rape and that the trial court erred by failing to instruct
the jury on the lesser-included offense of attempted
aggravated rape. After a thorough review, we affirm the
judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Stephen C. Bush, District Public Defender; Harry E. Sayle
III, and Charles Walker, Assistant Public Defenders, Memphis,
Tennessee, for the appellant, Mario Bowles.
Herbert H. Slatery III, Attorney General and Reporter;
Jeffrey D. Zentner, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Dru Carpenter, and
Cavet Ostner, Assistant District Attorneys General, for the
appellee, State of Tennessee.
T. Woodall, P.J., delivered the opinion of the court, in
which Camille R. McMullen, and J. Ross Dyer, JJ., joined.
T. WOODALL, PRESIDING JUDGE
October 2013, the victim was working as a case manager at
Southeast Mental Health Center, and Defendant was one of her
clients. She had been his case worker since August or
September 2013, and she had met with him three times. On
October 2, 2013, the victim was scheduled to meet with
Defendant at his residence. The victim called Defendant that
day and asked if she could meet with him earlier than
scheduled, and Defendant agreed. She arrived fifteen minutes
later at Defendant's home on Trout Valley Cove. The
victim knocked on the door, and Defendant let her in. He
immediately closed and locked the door behind her. Although
Defendant lived with his mother, she was not home at the
time. The victim testified: "And then from behind he put
his hand on my mouth and a knife to my neck and we kind of
hit the floor." Defendant told the victim to be quiet
and asked where her phone was located, and she motioned
toward it. Defendant then stood the victim up from the floor
and had her walk toward a bedroom. He was still behind her
with his hand over her mouth and the knife to her neck.
victim and Defendant walked into the bedroom, and Defendant
again instructed her to not say anything. He took his hand
away from her mouth and told her to remove her pants and
underwear. The victim tried to talk to Defendant but he told
her to be quiet. Defendant instructed the victim to get on
the bed, and he got on top of her with the knife to her neck.
She noticed a second longer knife on the bed near their legs.
The victim testified that Defendant thought she was wearing a
wire, so he told her to repeat the date and say that she
would come back later to see him. Defendant then told the
victim that he was going to rub his penis on her vagina but
that "he wasn't going to put it in." The victim
testified that Defendant pulled his pants down, and she said:
He was just rubbing his penis on my vagina just kind of up
and down. And then he - - I was still - - he just kept saying
be quiet. And anytime I tried to talk he would just take the
knife and kind of put it to my throat and tell me to be
quiet. And then he spit on his hand and he rubbed it on my
vagina and he was rubbing his penis on it. And so I was
saying, you know, that I just want to help him. Why do he
want to hurt me and stuff. And so he was just - - he was like
be quiet. He was looking out the window. Just kind of
paranoid that somebody was coming. And so - -and so he said
that he was going to put it in for a little bit. And so I
started to cry. And so he just said - - but I couldn't
cry. I just ma[d]e a noise and he was just like be quiet. And
so he - -
He put his penis in my vagina and he was just moving kind of
like up and down.
point, Defendant put the knife down to spit on his hand, and
the victim grabbed the knife and attempted to stab Defendant
in the back. The blade of the knife bent, and the victim and
Defendant got into a scuffle. The blade of the knife ended up
in the victim's hand and cut her hand and her thigh. The
victim testified that Defendant took the knife and tossed it
behind the headboard of the bed. She said that Defendant
seemed stunned and said that she had tried to kill him.
Defendant eventually said that he had "messed up"
and was going to let the victim go. Defendant also told the
victim that he had been drinking beer and using cocaine. At
that point, Defendant got up and put his pants back on. The
victim was not certain if Defendant ejaculated while he was
raping her but he told her that he did not and that he did
not have AIDS. Defendant allowed the victim to put her
underwear and pants back on, and they walked out of the
bedroom. Defendant then told the victim to go into the
bathroom and clean ...