Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Mullinicks

Court of Criminal Appeals of Tennessee, Nashville

July 11, 2019

STATE OF TENNESSEE
v.
JOHN THOMAS MULLINICKS, JR.

          Session November 14, 2018

          Appeal from the Circuit Court for Dickson County No. 22CC-2016-CR-178 Suzanne Lockert-Mash, Judge

         The Appellant, John Thomas Mullinicks, Jr., pled no contest in the Dickson County Circuit Court to four counts of statutory rape by an authority figure and received a total effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Appellant contends that the presentment failed to allege all of the essential elements of the charged offense of statutory rape by an authority figure, which renders his convictions void. Upon review, we affirm the judgments of the trial court.

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

          Michael J. Flanagan (on appeal) and Jennifer Thompson (at trial), Nashville, Tennessee, for the Appellant, John Thomas Mullinicks, Jr.

          Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; W. Ray Crouch, Jr., District Attorney General; and Carey J. Thompson, Assistant District Attorney General, for the Appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which John Everett Williams, P.J., and Alan E. Glenn, J., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE

         I. Factual Background

         A Dickson County Grand Jury returned a multi-count presentment charging the Appellant with statutory rape by an authority figure in counts one through four, rape in counts five through eight, and solicitation of a minor in count nine. On November 8, 2017, the Appellant entered a no-contest plea to counts one through four in exchange for the dismissal of the remaining counts.

         The State maintained that if the case had gone to trial, the proof would have shown that the victim, A. L. K., [1]

was a basketball player on the girls basketball team at Creekwood High School. [The Appellant] was the head coach of the girls basketball team and then on these four occasions or at least four occasions she was called down to his office under the guise of being rehabbed for [a] hip injury that she had suffered earlier in the year; and that during those so-called rehab sessions [the Appellant] digitally penetrated her.

         The plea agreement provided that the Appellant would be sentenced as a Range I offender, that the offenses were Class C felonies, and that the sentence range was between three and six years. The plea agreement further provided that the trial court would determine the Appellant's sentences. After a sentencing hearing, the trial court imposed a sentence of four years for each offense. The trial court ordered that counts one, two, and three be served consecutively to each other and that count four be served concurrently with count one for a total effective sentence of twelve years.

         On appeal, the Appellant contends that the presentment failed to allege all of the essential elements of the charged offense of statutory rape by an ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.