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State v. Blackstock8/27/2001
The defendant, Charles R. Blackstock, pled guilty to especially aggravated kidnapping and two counts of rape of a child. See Tenn. Code Ann. ยงยง 39-13-305, 39-13-522. The trial court imposed 25-year sentences on each offense. The sentences were ordered to be served consecutively, for an effective sentence of 75 years. The sentence for especially aggravated kidnapping and the consecutive sentencing order are affirmed. Because the trial court erroneously applied certain enhancement factors to each of the sentences for rape of a child, the terms are modified to 23 years.
Tenn. R. App. P. 3; Judgments of the Trial Court Affirmed as Modified
Gary R. Wade, P.J., delivered the opinion of the court, in which Thomas T. Woodall and Robert W. Wedemeyer, JJ., joined.
OPINION
The defendant was indicted on two counts of especially aggravated kidnapping and two counts of rape of a child. By plea agreement, the defendant pled guilty to one count of especially aggravated kidnapping and two counts of rape of a child. The agreement provided that the trial judge would determine the lengths of the sentences and the manner of service. At the submission hearing, the assistant district attorney summarized the facts as follows:
hat on July 18th of 1999, the defendant came in contact with a child, a black female, date of birth 8/13 of 1989, in the 2600 block of Market Street where the victim was riding her bicycle. . . . The defendant got out of his vehicle, grabbed the victim, and threw her in the trunk of his vehicle; while she was kicking and screaming he turned up the music and proceeded to drive around and ended his location at 409 Cameron Circle, at which point the rape proceeded . . . . The defendant . . . indicate that he went by a washateria in that area and proceeded on the freeway, got off heading toward Red Bank near the Marriot which could have concluded five miles or plus that the child was locked in the trunk of the car . . . . On the proceeding with the rape of the child, once they reached Cameron Circle the defendant got the child out of the trunk of the vehicle, took her to an area back by the woods in a secluded area where he had the child's clothes taken off of her, he proceeded to lay her down on the ground where he made the child perform oral sex on him . . . . And in the other case on the anal penetration, he proceeded to place the child face down on the mud, penetrate her anally, and then when the child continued to scream and got up and started to run away he got into his car and proceeded to leave the scene.
At the sentencing hearing, C. T. Ward testified for the state. While he was walking on Cameron Hill near 6th Street, he heard a child calling for help. When he turned, he saw the victim, completely unclothed, staggering in his direction. Several bruises and abrasions were visible. Ward flagged down a passing car and the driver contacted the police by cell phone. He helped wrap the victim in a towel and waited until the police arrived at the scene.
Janice Atkinson, of the Chattanooga Police Department child abuse division, saw the nine-year-old victim in the examination room at the hospital. The victim's face was swollen and she was bleeding from her vaginal area. Detective Atkinson described her as "traumatized" and "hysterical."
The defendant was initially questioned in November of 1999. During the course of the investigation, he gave three different statements to the police. In his second statement, which was read aloud at trial, the defendant admitted to abducting the victim and then forcing her into the trunk of his car. He claimed that when he opened the trunk, the victim had removed her clothing a
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