State v. Itzol-Deleon

In this case, the Supreme Court expressly overruled its decision in State v. Barney, 986 S.W.2d 545 (Tenn. 1999), and held that double jeopardy principles apply when determining whether multiple convictions of sexual offenses arise from a single act of sexual assault.Defendant was convicted of one count of attempt to commit aggravated sexual battery, four counts of aggravated sexual battery, and three counts of rape of a child. Defendant was sentenced to an effective term of forty years. The court of criminal appeals affirmed the convictions but merged the conviction of attempt to commit aggravated sexual battery with one of the child rape convictions. The court also modified Defendant’s sentence to an effective term of twenty-five years. The Supreme Court affirmed, holding that, under the facts and circumstances of this case, the Court of Criminal Appeals did not err in merging two of Defendant’s multiple convictions. View "State v. Itzol-Deleon" on Justia Law