A Rutherford County jury convicted the Defendant, Mark S. Armstrong, of aggravated rape, and the trial court sentenced the Defendant to twenty years, as a Range I offender. On appeal, the Defendant contends that: (1) the trial court erred when it failed to grant the Defendant’s motion for a mistrial when inadmissible evidence was admitted through an inadequate redaction of a videotaped statement; (2) the trial court erred in failing to provide an adequate limiting instruction to the jury regarding a videotape sound malfunction; (3) the trial court erred when it failed to require the State to make an election of the offense for which it sought a conviction; (4) the trial court erred in failing to grant the Defendant’s motion for judgment of acquittal; and (5) the evidence is insufficient to sustain the Defendant’s conviction. Finding no error, we affirm the judgment of the trial court.
Case Number
M2004-02432-CCA-R3-CD
Originating Judge
Judge James K. Clayton, Jr.
Case Name
State of Tennessee v. Mark S. Armstrong
Date Filed
Dissent or Concur
No
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