State of Tennessee v. Darrell M. Scales

The Defendant, Darrell M. Scales, was convicted by a jury of three counts of aggravated robbery and three counts of aggravated sexual battery. The trial court subsequently sentenced the Defendant to nine years on each of the robberies and to nine years on each of the sexual batteries. The court ordered the sentences to be run partially consecutive, for an effective sentence of twenty-seven years. In this appeal as of right, the Defendant raises the following five issues: (1) whether the trial court erred by refusing to suppress identification testimony; (2) whether the evidence is sufficient to support his convictions; (3) whether the trial court erred in failing to require the State to elect from two separate incidents of aggravated sexual battery against one of the victims; (4) whether the trial court erred in failing to charge the jury on lesser-included offenses of aggravated sexual battery; and (5) whether the trial court erred in ordering partially consecutive sentences. We hold that the trial court committed reversible error when it failed to require the State to elect offenses, and that it committed reversible error when it failed to instruct the jury on all lesser-included offenses of aggravated sexual battery. Accordingly, we reverse and remand for retrial the Defendant's convictions for aggravated sexual battery. In all other respects the judgment of the trial court is affirmed.