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State v. Baskins

Court of Criminal Appeals of Tennessee, Knoxville

May 31, 2018

STATE OF TENNESSEE
v.
JOHN BASKINS

          Session January 24, 2018

          Appeal from the Criminal Court for Knox County No. 105862 Bob R. McGee, Judge

         The defendant, John Baskins, appeals his Knox County Criminal Court guilty-pleaded convictions of rape of a child and especially aggravated sexual exploitation of a minor, claiming that the trial court erred in the misapplication of an enhancement factor and that the 40-year sentence imposed was excessive. Discerning no error, we affirm.

         Tenn. R. App. P. 3; Judgments of the Criminal Court Affirmed

          Joshua Hedrick, Knoxville, Tennessee, for the appellant, John Baskins.

          Herbert H. Slatery III, Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Charme P. Allen, District Attorney General; and Ashley McDermott, Assistant District Attorney General, for the appellee, State of Tennessee.

          James Curwood Witt, Jr., J., delivered the opinion of the court, in which D. Kelly Thomas, Jr., and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          JAMES CURWOOD WITT, JR., JUDGE

         The Knox County Grand Jury charged the defendant with seven counts of rape of a child, seven counts of incest, five counts of especially aggravated sexual exploitation of a minor, and two counts of sexual exploitation of a minor arising out of the sexual assaults of the defendant's six-year-old niece, C.B.[1] The defendant pleaded guilty to one count of rape of a child and one count of especially aggravated sexual exploitation of a minor in exchange for dismissal of the remaining charges. The plea agreement provided for the sentence to be determined by the trial court and included the parties' agreement that the sentences should be concurrently aligned.

         At the defendant's sentencing hearing, the State, in addressing enhancement factors, offered the following facts:

At the time of the offense, the defendant was babysitting [C.B.]. The mother of this child and her boyfriend had left the niece, the victim in this case, with the defendant under the belief that he was going to babysit her, that he was going to treat her well, that he was going to protect her, and he did exactly the opposite, Your Honor.
. . . .
[T]his offense occurred on March the 23rd of 2015. [B.B., [2] who's . . . the mother of the victim . . . and her boyfriend at the time, Reggie Jones, came home from work early. . . . [T]he defendant had been left caring for [C.B.] the six-year-old child in this case. When Reggie walked upstairs, he saw the defendant with his pants down, and six-year-old [C.B.] was performing oral sex on this defendant.
Obviously things in the house got very heated, and the defendant in this case fled to a bridge off of Asheville Highway where KPD responded. This defendant called 911, said he was going to jump from the bridge. He also called the victim's ...

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