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STATE v. MONTGOMERY

No. M2009-02610-CCA-R3-CD.

350 S.W.3d 573 (2011)

STATE of Tennessee v. Paul Alexander MONTGOMERY, III.

Court of Criminal Appeals of Tennessee, at Nashville.

March 31, 2011.

Attorney(s) appearing for the Case

Donna Orr Hargrove , District Public Defender; Michael Jonothan Collins , Assistant Public Defender (at trial); William Joseph Harold , Assistant Public Defender (at trial); and Gregory D. Smith , Clarksville, Tennessee (on appeal), for the appellant, Paul Alexander Montgomery, III.

Robert E. Cooper, Jr. , Attorney General and Reporter; Matthew Bryant Haskell , Assistant Attorney General; Charles Frank Crawford, Jr. , District Attorney General; and Weakley E. Barnard , Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION

D. KELLY THOMAS, JR., J., delivered the opinion of the court, in which DAVID H. WELLES and THOMAS T. WOODALL, JJ., joined.

The Defendant, Paul Alexander Montgomery, III, was convicted of nine counts of rape of a child, a Class A felony. See Tenn.Code Ann. § 39-13-522. In this appeal as of right, the Defendant contends that (1) the evidence was insufficient to sustain the convictions of rape of a child and (2) the trial court erred by...

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