Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs December 11, 2019
from the Circuit Court for Marshall County No. 2018-CR-150
Forest A. Durard, Jr., Judge
Todd King, Defendant, pled guilty to four counts of
aggravated statutory rape and one count of violation of a
no-contact order with the trial court to determine the length
and manner of service of the sentences after a sentencing
hearing. The trial court sentenced Defendant to an effective
sentence of four years, eleven months and twenty-nine days,
ordering partial consecutive sentencing. As a collateral
consequence, the Defendant was placed on the sex offender
registry. On appeal, Defendant challenges his sentence as
excessive. After a review, we determine that the trial court
sentenced Defendant to a sentence within the range for each
conviction and followed the proper sentencing procedure.
Accordingly, the judgments of the trial court are affirmed.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Hargrove, District Public Defender; Michael J. Collins,
Assistant Public Defender, for the appellant, Dustin Todd
Herbert H. Slatery III, Attorney General and Reporter; Ruth
Anne Thompson, Senior Assistant Attorney General; Robert J.
Carter, District Attorney General; and Andrew Wright,
Assistant District Attorney General, for the appellee, State
Timothy L. Easter, J., delivered the opinion of the court, in
which Robert W. Wedemeyer and Robert L. Holloway, Jr., JJ.,
TIMOTHY L. EASTER, JUDGE
23, 2018, Defendant was arrested on warrants issued by the
Marshall County General Sessions Court charging him with four
counts of aggravated statutory rape. According to the
affidavits accompanying the warrants, Defendant had
"sexual intercourse with a 17[-]year[-]old female at his
residence" on or about June 23, June 29, June 30, and
July 8, 2018. The affidavits indicated that Defendant was 29
years of age and knew the age of the victim. Defendant was
granted bail and signed an order prohibiting him from
contacting the victim. Phone records from the victim's
phone indicate that Defendant called her numerous times the
day after his release. A fifth warrant was issued for one
count of violation of bond conditions on August 3, 2018.
gave a statement to police on July 30. In that statement,
Defendant admitted that he met the victim at work. They
"hung out at work and talked for several weeks"
before they started dating in mid-June. Defendant, who was 29
years of age at the time, admitted that he knew that the
victim was 17 years old. Defendant explained that "age
didn't matter" and that he had sex with the victim
for the first time on June 23 or 24. Defendant admitted that
he had sex with the victim again on June 29 and 30. Defendant
explained that he was arrested on July 7 in Williamson County
for driving on a suspended license. The next day, the victim
bonded Defendant out of jail. They returned to
Defendant's house but did not have sex that day.
Defendant explained that they were "safe" about sex
and "planned to get married when she turned 18."
Defendant stated that his arrest did not change their plans
to get married.
victim also gave a statement to police. She admitted that she
and Defendant were in a relationship and that she had
"consensual sex 2 or 3 times" with Defendant.
September of 2018, Defendant was indicted by the Marshall
County Grand Jury for four counts of aggravated statutory
rape and one count of a violation of a no-contact order.
Defendant pled guilty to all five counts of the indictment on
December 5, 2018, with the trial court to determine the
manner and service of the sentence after a sentencing
hearing. At the guilty plea hearing, counsel for the State
presented the following as the factual basis for the plea:
[O]n or about several days, stemming from June 23rd through
July 8th, [D]efendant . . . did engage in sexual penetration
of a juvenile female, then the age of 17 years old.
[Defendant] at the time was 29 years old. [Defendant's]
date of birth is ...