State of Tennessee v. Clarence William Groves

The Davidson County Grand Jury indicted the defendant, Clarence William Groves, for aggravated child abuse resulting in serious bodily injury (Count 1), aggravated child abuse by use of a deadly weapon or dangerous instrumentality (Count 2), aggravated child neglect (Count 3), and criminal impersonation (Count 4). On the first day of trial, the defendant entered a guilty plea to the misdemeanor criminal impersonation charge in Count 4. Following a jury trial, the defendant was convicted as charged in Counts 1 and 2 and was convicted of the lesser included offense of child neglect in Count 3. Thereafter, the trial court imposed an effective sentence of twenty-one years for all four counts. On appeal, the defendant argues: (1) the State violated his Fifth Amendment right to remain silent; (2) the State committed prosecutorial misconduct during its closing arguments; and (3) the evidence is insufficient to sustain his convictions. We affirm the judgments of the trial court in Counts 1, 2, and 3; however, because the record shows that the defendant entered a guilty plea to the criminal impersonation charge in Count 4, we dismiss for lack of jurisdiction the portion of the defendant’s appeal challenging the sufficiency of the evidence supporting that conviction.