State of Tennessee v. John R. Black

A Davidson County grand jury indicted the defendant for one count of aggravated kidnapping, one count of aggravated rape, three counts of aggravated assault, and one count of assault. At the close of a jury trial, he stood convicted of aggravated kidnapping, two aggravated assaults, and one simple assault. He subsequently received a sixteen year sentence for the aggravated kidnapping; seven years each for the two aggravated assaults; and eleven months and twenty-nine days for the assault. The trial court also set count one to run consecutively to count five resulting in an effective sentence of twenty-three years.1 The case is presently before this Court following the trial court’s denial of the defendant’s motion for a new trial. Through this  appeal the defendant avers that (1) the evidence is insufficient to support his conviction for aggravated kidnapping; (2) the trial court erred in allowing the State to present photographic evidence to the  jury; and (3) the trial court erred by permitting the State to amend for a second time the indictment charging him with aggravated rape. After reviewing these issues, we find that none merit relief but remand the case for correction of the judgments.