State of Tennessee v. John David Smartt

Syllabus

Defendant, John David Smartt, was indicted for five counts of rape of a child, (Counts 1, 2, 3, 6, and 9) one count of rape (Count 12) three counts of especially aggravated sexual exploitation of a child, (Counts 4, 7, and 10) and three counts of aggravated sexual exploitation of a child (Counts 5, 8, and 11). Following a second jury trial, after the first trial ended in a mistrial, Defendant was convicted as charged on all twelve counts. The trial court imposed and effective sentence of 153 years' incarceration. In this appeal as of right, Defendant contends that: 1) the trial court erred by allowing testimony regarding a recorded phone call by the victim to Defendant 2) the trial court erred by allowing into evidence Defendant's wife's journal 3) the evidence was insufficient to support Defendant's convictions 4) this court should overturn prior case law, so that the testimony of a victim regarding the content of sexually explicit material must be corroborated and 5) his sentence is excessive. Having reviewed the entire record and the arguments of the parties, we affirm the judgments of the trial court.