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State v. Brown

Court of Criminal Appeals of Tennessee, Jackson

May 15, 2018

STATE OF TENNESSEE
v.
ALANDO DESHAUN BROWN

          Assigned on Briefs April 3, 2018

          Appeal from the Circuit Court for Obion County No. CC-16-CR-59 Jeff Parham, Judge

         On April 1, 2016, the Obion County Grand Jury indicted the Defendant, Alando Deshaun Brown, on two counts of rape. A jury convicted the Defendant of both counts at trial. At the sentencing hearing, the trial court merged Count 2 into Count 1 and sentenced the Defendant to eight years in the Department of Correction, with release eligibility after service of 100% of the sentence for Count 1. The Defendant filed a timely motion for a new trial, which the trial court denied. The Defendant filed a timely notice of appeal, claiming insufficient evidence to support the verdict. Based on the evidence in the record, we affirm the trial court's judgments

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

          Joseph P. Atnip, District Public Defender, for the appellant, Alando Deshaun Brown.

          Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; Tommy A. Thomas, District Attorney General; and Jim Cannon, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which D. Kelly Thomas, Jr., and J. Ross Dyer, JJ., joined.

          OPINION

          ROBERT L. HOLLOWAY, JUDGE

         I. Factual and Procedural History

         The State charged the Defendant with rape of a physically helpless victim in Count 1, and nonconsensual rape in Count 2. At trial, the State showed that on March 31, 2016, at approximately 5 p.m., the victim, Houston Brummeier, rode his bike to a bar in Martin to watch a baseball game. After drinking approximately six beers, Mr. Brummeier met the Defendant for the first time. The two men continued to drink and discovered Mr. Brummeier's cousin was a mutual acquaintance. The Defendant invited Mr. Brummeier to his home that night for a casual gathering he was planning with his friends. Because Mr. Brummeier only had a bike for transportation, the Defendant offered to give him a ride to his house in Union City. Mr. Brummeier placed his bike in the back seat of the Defendant's car, and they drove to the Defendant's home. By the time the two men left the bar, Mr. Brummeier had imbibed approximately six beers and at least four mixed drinks.

         Once the two men arrived at the Defendant's home, the Defendant offered Mr. Brummeier a 40-ounce beer. Two or three additional people arrived at the Defendant's home with marijuana. After smoking the marijuana, Mr. Brummeier fell ill and began vomiting. The Defendant's friends left, and the Defendant and Mr. Brummeier were alone in the house. Mr. Brummeier stated that he passed out unconscious and woke up some time later on the couch.

         Mr. Brummeier testified that when he woke up, his pants were down, and the Defendant was performing fellatio on him. Mr. Brummeier pushed the Defendant off, told him to stop, and stated he wanted to go home. When the Defendant got upset, Mr. Brummeier tried to calm him down, offering to pray with him. After praying together, the Defendant went back to his room, and Mr. Brummeier went back to sleep on the couch.

         Mr. Brummeier explained that after the offense, he did not use his phone to call a friend or to call 9-1-1 because he was afraid the Defendant would hear him on the phone and kill him. However, Mr. Brummeier conceded that he probably should have stepped outside to make a phone call for help. Mr. Brummeier also stated that he did not get his bicycle from the Defendant's car to leave because the car was locked. When Mr. Brummeier awoke the next morning, April 1, 2016, he went into the Defendant's room to wake him and ask to go home.

         Mr. Brummeier asked the Defendant to drop him off at the Carey Counseling Center, where they exchanged phone numbers. Mr. Brummeier told his counselor, Natasha Edwards, about the rape. Ms. Edwards testified that Mr. Brummeier confided in her about the rape shortly after the Defendant dropped Mr. Brummeier at the counseling center. Mr. Brummeier's account of the offense that he related to her was essentially the same as ...


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