State of Tennessee v. Timothy Ray Azbill

The defendant, Timothy Ray Azbill, was found guilty by a Decatur County jury of aggravated burglary, rape of a child, and especially aggravated kidnapping, and received an effective sentence of twenty-five years in the Department of Correction. The defendant challenges the sufficiency of the evidence supporting his convictions and the trial court’s application of sentencing enhancement factors. After review, we conclude that the defendant’s claims are without merit and affirm the judgments. However, we additionally conclude that, as to the convictions for rape of a child and especially aggravated kidnapping, the court began at the midpoint of the range, rather than the minimum as required, and, therefore, remand for resentencing as to those two offenses.