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State v. Mayberry

Court of Criminal Appeals of Tennessee, Knoxville

July 2, 2019

STATE OF TENNESSEE
v.
COY JEWEL MAYBERRY

          Assigned on Brief May 30, 2019

          Appeal from the Circuit Court for Cocke County No. 7732 Carter S. Moore, Judge

         A Cocke County jury found the Defendant, Coy Jewel Mayberry, guilty of rape of a child, and the trial court sentenced the Defendant to forty years of incarceration. The Defendant contends that the evidence is insufficient to sustain his conviction and that the trial court erred when it imposed the maximum allowable sentence. After a thorough review of the record and applicable law, we affirm the trial court's judgment.

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

          Keith E. Haas, Newport, Tennessee, for the Appellant, Coy Jewel Mayberry.

          Herbert H. Slattery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Jimmy B. Dunn, District Attorney General; and Tonya K. Thornton, Assistant District Attorney General for the Appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the Court, in which John Everett Williams, P.J., and Robert L. Holloway, Jr., J., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         I. Facts

         A Cocke County grand jury indicted the Defendant for rape of a child and aggravated sexual battery. The State dismissed the aggravated sexual battery charge prior to trial and proceeded on the rape of a child charge.

         A. Trial

         At the Defendant's trial, the State presented the following evidence:

         The victim testified that she was thirteen years old at the time of trial. The victim stated that she lived with her grandparents along with her two sisters. Her mother, the Defendant's wife, lived together with one of the victim's other sisters. The victim had lived with her grandparents for most of her life but visited with her mother. When the victim's school was not in session, she spent the day at the Boys and Girls Club, which was located close to her mother's home. The victim's grandparents would leave her at her mother's home until the club opened for the day. She would return to her mother's home in the afternoon to wait for her grandparents to pick her up. The Defendant was usually at the victim's mother's home during these times.

         Testifying about 2016, the victim stated that she knew what sex was at the time. She had learned about sex in school but had never had intercourse. The victim sometimes spent the night at her mother's house, and, on those nights, the victim and her ...


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