State of Tennessee v. Michael Marks

The defendant, Michael Marks, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and was sentenced by the trial court to twenty-five years at 100% as a child rapist. He raises the following issues on appeal: (1) whether the trial court erred by not requiring the State to make an election of offenses at the close of its casein-chief; (2) whether the trial court erred by not requiring the State to make an election before the case was submitted to the jury; (3) whether the trial court erred by issuing a supplemental instruction on the election of offenses after the jury had already begun its deliberations; and (4) whether the evidence is sufficient to sustain the conviction. Following our review, we affirm the judgment of the trial court.