Assigned on Briefs June 25, 2019 at Knoxville
from the Circuit Court for Madison County No. 18-87 Roy B.
Morgan, Jr., Judge.
Madison County jury convicted the defendant, Kelvin Dewayne
Golden, of aggravated sexual battery, and the trial court
imposed a sentence of ten years' confinement. On appeal,
the defendant challenges the sufficiency of the evidence to
support his conviction and argues the sentence imposed by the
trial court was excessive. After reviewing the record and
considering the applicable law, we affirm the judgment of the
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Morton Googe, District Public Defender; Jeremy B. Epperson,
Assistant Public Defender, for the appellant, Kelvin DeWayne
Herbert H. Slatery III, Attorney General and Reporter; Clark
B. Thornton, Senior Assistant Attorney General; Jody Pickens,
District Attorney General; and Lee R. Sparks, Assistant
District Attorney General, for the appellee, State of
Ross Dyer, J., delivered the opinion of the court, in which
Norma McGee Ogle and Robert H. Montgomery, Jr., JJ., joined.
ROSS DYER, JUDGE.
and Procedural History
August 24, 2016, eleven-year-old L.P. visited the apartment of his
cousin, L.B, who was also eleven at the time. Also present in
the apartment that day were L.B.'s mother and the
defendant, who was dating L.B.'s mother at the time. L.B
watched as L.P. and the defendant played video games in the
living room, while L.B.'s mother slept in her bedroom. At
some point during the afternoon, L.B. left the living room to
"get something," and the defendant "grabbed
[L.P.'s] arm." L.P. thought the defendant "was
playing," but the defendant "bent [him] over and
started pulling down [his] pants." The defendant then
"stuck his thumb in [L.P.'s] butt." L.P. told
the defendant to stop and tried to get away. L.B. then came
back into the living room, saw the defendant "trying to
stick his hand down into [L.P.'s] pants," and pushed
the defendant off of L.P.
L.P. and L.B. left the apartment and told L.P.'s uncle
what had happened. Later that night, L.P. also told his
mother, who took him to the Jackson Police Department.
Sergeant Jay Stanfill of the Jackson Police Department
instructed L.P. and his mother to meet him at Jackson-Madison
County General Hospital. However, a medical exam of L.P. was
not performed. The Department of Children's Services was
also contacted, and Doretha Brice, a Child Protective
Services investigator, scheduled a forensic interview of L.P.
with Monica Goodman, a forensic interviewer with the Exchange
Club Carl Perkins Center.
trial, the State called L.P., L.B., Sergeant Jay Stanfill,
Doretha Brice, and Monica Goodman as witnesses, and all
rendered testimony consistent with the foregoing. On
cross-examination, L.P. acknowledged he had previously
testified that no one took his clothes off during the
incident. He also acknowledged the transcript of the previous
hearing indicated his brothers were at the apartment with him
that day. However, L.P. did not recall "saying [his]
[brothers'] names" during his previous testimony.
L.B. acknowledged on cross-examination that there were some
inconsistencies between her testimony at trial and her
statement to police. Although she testified the defendant
left the apartment after the assault, her statement to police
indicated the defendant was there several hours later.
defendant called Tico Golden and L.B.'s mother as
witnesses. Mr. Golden testified L.P. told him on several
occasions that the accusation against the defendant was not
true. Although he admitted he never told the defendant about
these conversations with L.P., Mr. Golden testified he told
Sergeant Stanfill that L.P. had recanted his story. In
response to Mr. Golden's testimony, the State called
Sergeant Stanfill as a rebuttal witness. Sergeant Stanfill
testified he had "never had any contact" with Mr.
Golden and was not aware of anyone under his supervision
speaking with Mr. Golden about the investigation. He also
testified he was not aware of either L.P. or L.B. ever
recanting their story.
mother testified L.P. was in her apartment with his brothers
on the day in question. As the boys played video games with
the defendant, L.B.'s mother sat at the kitchen table and
watched them. At some point, she went into her bedroom to
speak on the telephone. However, L.B.'s mother did not
hear anyone "yelling or screaming" during this
time, so she did not believe the defendant sexually assaulted
L.P. On cross-examination, L.B.'s mother ...