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State v. Peek5/3/2000
ntence: 6 years for Class C felony
2. Victim: K.S.
Indictment: No. 213111 for aggravated rape on 12/8/95 Conviction:Rape Sentence: 12 years for Class B felony, consecutive to No. 213109
Indictment:No. 213110 for aggravated robbery on 12/8/95 Conviction:Robbery Sentence: 6 years for Class C felony, concurrent with No. 213111 and consecutive to No. 213109
3. Victim: G.C.
Indictment: No. 213112 for aggravated rape on 1/26/96 Conviction:Rape Sentence: 12 years for Class B felony, consecutive to No. 213111
Indictment: No. 213113 for aggravated rape on 1/26/96 Conviction:Rape Sentence: 12 years for Class B felony, concurrent with No. 213112 and consecutive to No. 213111
Indictment:No. 213114 for aggravated robbery on 1/26/96
Conviction:Robbery
Sentence: 6 years for Class C felony, concurrent with No. 213112 and consecutive to No. 213111
4. Victim: K.T.
Indictment:No. 213117 for aggravated rape on 7/1/96
Conviction:Aggravated Rape
Sentence: 25 years for Class A felony, consecutive to No. 213113
Indictment: No. 213118 for aggravated rape on 7/1/96
Conviction:Aggravated Rape
Sentence: 25 years for Class A felony, concurrent with No. 213117 and consecutive to No. 213113
Indictment:No. 213115 for attempted aggravated rape on 7/1/96
Conviction:Attempted Aggravated Rape
Sentence: 12 years for Class B felony, consecutive to No. 213113
Indictment:No. 213116 for aggravated burglary on 7/1/96
Conviction:Aggravated Burglary
Sentence: 6 years for Class C felony
5. Victim: G.H.
Indictment: No. 213449 for aggravated rape on 7/30/96
Conviction:Aggravated Rape
Sentence: 25 years for Class A felony, consecutive to No. 213117
Indictment: No. 213450 for aggravated burglary on 7/30/96
Conviction:Aggravated Burglary
Sentence: 6 years for Class C felony, concurrent with No. 213449.
The defendant's motion for a new trial was denied and he timely appealed.
FACTS
Because of the issues raised on appeal, we will set out, in detail, the facts of each of the cases.
Victim One
The first victim, T.P., a thirty-one-year-old single mother, testified that she lived in the Hamilton Point Apartments in the East Brainerd area of Chattanooga with her two young sons. On the morning of Wednesday, January 11, 1995, she had awakened her sons as usual, fed them breakfast, and waited with them for the school bus. At about 8:30 a.m., she returned to her apartment and was completing some paperwork in her bedroom when she heard her front door creak open. She walked toward her bedroom door and saw a man standing in the hallway. He wore a bandana over his face and some type of a hat to cover his hair. With his hand in his jacket pocket, he told her not to scream or he would "put a hole in" her. He told her to take off her glasses and turn around. He then went through her dresser until he found some stockings which he used to blindfold her. From that point on, she could see nothing and testified that she could not visually identify her attacker. She did tell him that her sons needed her and that he could take whatever he wanted if he would promise not to hurt her.
After T.P. was blindfolded, she was told to "disrobe" and sit down on the bed. Her attacker then told her to lay down on the bed where he fondled her and told her how pretty she was. He then penetrated her vagin
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