Larry B. Sexton v. State of Tennessee

Syllabus

Petitioner, Larry B. Sexton, appeals as of right from the Lawrence County Circuit Court's denial of his petition for post-conviction relief, wherein he challenged his conviction for aggravated statutory rape, for which he received a sentence of twelve years' incarceration. On appeal, Petitioner contends that, during trial, his right to due process of law was violated when the trial court permitted the State to reopen proof following his motion for judgment of acquittal. Additionally, Petitioner asserts that he was denied the effective assistance of counsel based upon trial counsel's failure to: (1) communicate the State's plea offer to him (2) request a trial continuance following the issuance of an amended indictment (3) prepare a mistake of fact defense and interview potential witnesses to support this defense (4) request a jury instruction on mistake of fact (5) argue at sentencing and on direct appeal that NCIC entries are not \reliable hearsay\ for purposes of sentencing (6) object during sentencing when the trial court failed to comply with Tennessee Code Annotated section 40-35-106(b)(5) and raise the issue on appeal and (7) adequately argue during trial and on appeal the issue of the reopening of proof. Following a thorough review, we affirm.