State of Tennessee v. Michael Marks

Case Number
W2012-00564-CCA-R3-CD

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.

Authoring Judge
Judge Alan E. Glenn
Originating Judge
Judge James M. Lammey, Jr.
Case Name
State of Tennessee v. Michael Marks
Date Filed
Dissent or Concur
No
Download PDF Version