State of Tennessee v. G'Wayne Kennedy Williams aka Kenney Williams

Syllabus

The Defendant, G'wayne Kennedy Williams, a/k/a Kenney Williams, was convicted by a jury of three counts of rape, eight counts of rape of a child, three counts of aggravated statutory rape, three counts of statutory rape by an authority figure, three counts of sexual battery by an authority figure, eleven counts of incest, eight counts of aggravated sexual battery, and two counts of violating the sex offender registry. The trial court imposed an effective sentence of sixty-four years' incarceration. On appeal, the Defendant argues (1) that the evidence was insufficient to support his convictions for rape and rape of a child (2) that the trial court erred by admitting evidence of the Defendant's prior bad acts (3) that admission of the victim's complete hospital record was improper given that the records contained hearsay statements and that the record was prepared for purposes of prosecution (4) that the trial court erred by qualifying a witness as an expert in sexual assault nurse examination (5) that the trial court erred by not declaring a mistrial after the State attempted to enter a recording of the victim's forensic interview into evidence without having provided the interview to the defense before trial (6) that the trial court erred by failing to sever the sex offender registry charges and (7) that the trial court erred in its application of enhancement and mitigating factors in sentencing. Following a thorough review of the record, we conclude that the evidence is insufficient to support five counts of rape of a child, five counts of aggravated sexual battery, and five counts of incest. In addition, some of the convictions for incest, aggravated statutory rape, statutory rape by an authority figure, and sexual battery by an authority figure were improperly merged. We remand the case for resentencing and the entry of new judgments. In all other respects, we affirm the judgments of the trial court.