Assigned on Briefs May 7, 2019
from the Circuit Court for Henderson County Nos. 17043-2,
17064-2 Donald H. Allen, Judge
Grady Alton Vest, was indicted by the Henderson County Grand
Jury for four counts of rape of a child and four counts of
incest. Defendant was convicted as charged following a jury
trial. The trial court sentenced Defendant to 33 years for
each rape of a child conviction and five years for each
incest conviction, with two of his 33-year sentences to run
consecutively, for a total effective sentence of 66
years' incarceration. In this appeal as of right,
Defendant contends that the evidence was insufficient to
support his convictions, and his effective sentence is
excessive. Following our review of the entire record, we
affirm the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Michael Thorne, Lexington, Tennessee, for the appellant,
Grady Alton Vest.
Herbert H. Slatery III, Attorney General and Reporter; Brent
C. Cherry, Senior Assistant Attorney General; James G.
(Jerry) Woodall, District Attorney General; and Angela R.
Scott, Assistant District Attorney General, for the appellee,
State of Tennessee.
T. Woodall, J., delivered the opinion of the court, in which
James Curwood Witt, Jr. and D. Kelly Thomas, Jr., JJ.,
T. WOODALL, JUDGE
presented at trial
victim of the offenses in this case is Defendant's
daughter, to whom we will refer by her initials, A.V. Dr.
Lisa Piercey, the medical director of the Madison County
Child Advocacy Center, testified that she examined A.V. Dr.
Piercy testified that she asked A.V. why she was there to see
her, and A.V. replied, "My dad, [Defendant], has been
doing stuff to me for a long time." Dr. Piercey
. . . . she said that she remembered the first time that it
had happened, she was six years old and that [Defendant]
"started talking to [her] about it and showed [her] his
And she said that type of behavior went on for a couple of
years until she was eight years old and then she said,
"He started making [her] suck his stuff and then he
touched [her] in [her] bad part with his hand and with his
And when children talk about being touched, I typically ask
them, what did that feel like or what do you remember about
that, and she said that she remembers that "the first
couple of times that he put his bad part inside [her], [her]
bad part bled. [She] fe[l]l asleep in the tub
afterwards," she thought it was around 2 a.m., "and
woke up with the water all bloody."
And then she went on to say, "white stuff would come out
of his bad part, and it would go on the bed, on the floor,
and one time in [her] mouth." I asked her about a
condom. Most 11-year[-]olds don't know what that is or
some of them don't, and so, we talked about any kind of
lotion or covering or anything on his private, and she denied
that he had ever put anything like that on there.
She did relay that the most recent incident prior to when I
saw her was two weeks, so I saw her on March 4th, so maybe
around mid to late February, 2016, and she said that they had
really gone down, and these are my words not her['s], she
described that they had gone down in frequency over the last
couple of years. She said that "they happened about
every other day until [they] moved in with [her step-mother]
and then it only has happened twice since [they had] been at
during the interview, A.V. recalled that Defendant choked her
once "because [she] refused to do it." A.V. also
described an incident that happened when she was in third
grade when Defendant made her "suck one of his
friend's, Randall's, things." Defendant told
A.V., "he'd choke me until I died if I
didn't." Dr. Piercey testified that A.V. told her
that in August, 2014, Defendant video recorded her
"sucking his thing on his cellphone, ...