State of Tennessee v. Edward Rudolph Wyse, Jr.

Syllabus

The defendant, Edward Rudolph Wyse, Jr., appeals his 2019 Cocke County Circuit Court jury convictions of rape and incest, challenging the denial of the motion to suppress his statement to the police, the sufficiency of the convicting evidence, and the propriety of the sentence. The trial court did not err by denying the defendant's motion to suppress the statement. Sufficient evidence supports the defendant's conviction of incest, and that conviction is affirmed. Because the State failed to produce any evidence that the defendant used force or coercion to accomplish the sexual penetration of the victim, we reverse the conviction of rape and dismiss that charge. Because the trial court erroneously failed to consider probation as a sentencing alternative and because our dismissal of the rape charge impacts the defendant's eligibility for other sentencing alternatives, we reverse the sentencing decision of the trial court and remand the case for a new sentencing hearing for the conviction of incest.