State v. Maxey

OPINION

SUMMERS, Judge.

The Circuit Court at Maury County entered a jury verdict finding Donna Maxey 1 guilty of the crime of the rape of a child pursuant to T.C.A. § 39-11-402 (1991) and T.C.A. § 39-13-522 (Supp.1994). The court imposed a sentence of fifteen years. Pursuant to T.R.A.P. 3(b) Maxey has appealed and presents the following issues:(1) Is the evidence sufficient to support the jury’s verdict?(2) Were the trial court’s jury instructions erroneous?(3) Did the court err in refusing to find Maxey an especially mitigated offender?

For the reasons stated herein, we reverse the jury verdict…