State of Tennessee v. Marcos Acosta Raymundo, A/K/A Marcos Raymundo Acosta

The Defendant, Marcos Acosta Raymundo, a.k.a. Marcos Raymundo Acosta, was charged with one count of aggravated child abuse of a child less than eight years old, a Class A felony, one count of aggravated child neglect of a child less than eight years old, a Class A felony, and two counts of child abuse of a child less than six years old, a Class D felony. See Tenn. Code Ann. __ 39-15-401(a), -402(b). Following a jury trial, he was convicted of four offenses: one count of attempted aggravated child abuse of a child less than eight years old, a Class B felony, and the other three offenses as charged. He was sentenced as a Range I, standard offender to twelve years for count one, attempted aggravated child abuse, twenty-five years for count two, aggravated child neglect, four years for count three, child abuse, and four years for count four, child abuse. The trial court ordered that count two was to be served concurrently with count one, and that counts three and four were to be served concurrently with each other, but consecutively to count two. Thus, the trial court sentenced the defendant to a total effective sentence of twenty-nine years in the Department of Correction. In this direct appeal, the defendant contends that: (1) the State presented evidence insufficient to convict him; and (2) his convictions for counts one, two, and four violated the principles of double jeopardy. After reviewing the record, we conclude that the State presented insufficient evidence to convict the defendant of count two, aggravated child neglect, and that the defendant's convictions for count one, attempted aggravated child abuse, and count four, child abuse, violate the principles of double jeopardy. Thus, we reverse the defendant's convictions on counts two and four, and affirm his convictions on counts one and three. We remand to the trial court for a redetermination of concurrent and consecutive sentencing.