Assigned on Briefs August 1, 2017
from the Criminal Court for Shelby County No. 15-00541 Paula
defendant, David Black, appeals his Shelby County Criminal
Court jury convictions of attempted rape of a child and
aggravated sexual battery, claiming that the trial court
erred by improperly admitting certain evidence and that the
evidence was insufficient to support his convictions.
Discerning no error, we affirm.
R. App. P. 3; Judgments of the Criminal Court Affirmed
E. Sayle III (on appeal) and Nick Cloud and Paul Pera (at
trial), Assistant District Public Defenders, for the
appellant, David Black.
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Abby Wallace,
Assistant District Attorney General, for the appellee, State
Curwood Witt, Jr., J., delivered the opinion of the court, in
which Robert W. Wedemeyer and Timothy L. Easter, JJ., joined.
CURWOOD WITT, JR., JUDGE
February 2015, the Shelby County Grand Jury charged the
defendant with one count each of attempted rape of a child
and aggravated sexual battery. The trial court conducted a
jury trial in April 2016.
State's proof at trial showed that the victim, D.S.,
15 years old at the time of trial. In 2008, when the victim
was eight years old, she and her mother began living with her
aunt, A.Y., and A.Y.'s husband, the defendant.
Shortly thereafter, the victim's mother moved out of the
residence, and the victim continued to reside with A.Y. and
the defendant. In 2010, A.Y. and the defendant divorced, but
the victim would often accompany her younger brother and her
male cousins, C.Y. and D.B., to visit the defendant at his
residence on certain weekends.
who was also 15 years old at the time of trial, testified
that the defendant treated the victim differently than the
other children and that the defendant would spend more time
[The defendant will] let [the victim] do things like drive
his car and he'll let me drive for like a few minutes and
then he'll let her drive for the rest of the time that
we're there until we go home.
And then as far as food-wise, as if we'll have cookies
and ice cream, I wouldn't have the cookies but he'll
give her more of the food than he'll give me and [D.B.]
because he'll say we either had enough or she didn't
- we didn't have enough for her, so he'll give her
the rest of the food.
also recalled that the defendant would separate the victim
from the other children on occasion. According to C.Y., the
defendant would tell the boys to go outside to play, and he
would make the victim stay inside "to clean up or help
him with something or cook." When C.Y. and the other
boys would attempt to reenter the residence while the victim
was alone with the defendant, the defendant would permit them
to get a drink of water but then make them ...