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STATE v. McCARY

119 S.W.3d 226 (2003)

STATE of Tennessee v. Donald C. McCARY.

Court of Criminal Appeals of Tennessee, at Knoxville.

January 10, 2003.

Application for Permission to Appeal Denied July 7, 2003.

Attorney(s) appearing for the Case

Howell G. Clements, Chattanooga, Tennessee (on appeal), and Donald C. McCary, pro se (at trial), for the appellant, Donald C. McCary.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General; Stan Lanzo, Special Prosecutor; and C. Leland Davis and Caldwell Huckaby, Assistant District Attorneys General, for the appellee, the State of Tennessee.

GARY R. WADE, P.J., delivered the opinion of the court, in which JAMES CURWOOD WITT, JR., and ROBERT W. WEDEMEYER, JJ., joined.

Application for Permission to Appeal Denied by Supreme Court July 7, 2003.

OPINION

The defendant, Donald C. McCary, was convicted in two separate trials of two counts of aggravated sexual battery, one count of sexual battery, and four counts of statutory rape. There were two minor victims. The aggravated sexual battery convictions related to one victim and the remaining offenses were against the other. By...

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