Assigned on Briefs April 3, 2018
from the Circuit Court for Obion County No. CC-16-CR-59 Jeff
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
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
P. Atnip, District Public Defender, for the appellant, Alando
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
L. Holloway, Jr., J., delivered the opinion of the court, in
which D. Kelly Thomas, Jr., and J. Ross Dyer, JJ., joined.
L. HOLLOWAY, JUDGE
Factual and Procedural History
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.
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.
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.
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
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 ...