State of Tennessee v. Eric C. Turner and Robert Dee Scribner, II

The defendants, Eric D. Turner and Robert Dee Scribner, II, were indicted by the Davidson County Grand Jury in a three-count indictment for rape of a child, a Class A felony, with Scribner charged with two counts and Turner charged with one count. Following their jury trial, Scribner was convicted of one of the two counts with which he was charged and sentenced as a child rapist to sixteen years at 100 percent in the Department of Correction. Turner was convicted of the lesser-included offense of attempted rape of a child, a Class B felony, and sentenced as a Range I, standard offender to ten years in the Department of Correction. Both defendants challenge the sufficiency of the convicting evidence on appeal. Turner additionally argues that the trial court erred by instructing the jury on the lesser-included offense of attempted rape of a child, and Scribner argues that the trial court erred by admitting DNA evidence without a proper chain of custody, by not granting a requested special jury instruction, and by enhancing his sentence beyond the minimum in the range. Having reviewed the record and found no error, we affirm the judgments of the trial court.