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State v. Lay11/29/1999
passenger. Under these circumstances, we conclude that the sentence imposed by the trial court is entirely appropriate. This issue has no merit.
IX. THIRTEENTH JUROR
Appellant contends that the trial court failed to exercise its role as thirteenth juror. We disagree.
Rule 33(f) of the Tennessee Rules of Criminal Procedure provides that " he trial court may grant a new trial following a verdict of guilty if it disagrees with the jury about the weight of the evidence." This portion of the Rule is the modern equivalent to the "thirteenth juror rule," whereby the trial court must weigh the evidence and grant a new trial if the evidence preponderates against the weight of the verdict. State v. Blanton, 926 S.W.2d 953, 958 (Tenn. Crim. App. 1996). The Tennessee Supreme Court has held that "Rule 33(f) imposes upon a trial Judge the mandatory duty to serve as the thirteenth juror in every criminal case." State v. Carter, 896 S.W.2d 119, 122 (Tenn. 1995). Moreover, the approval by the trial Judge of the jury's verdict as the thirteenth juror is a necessary prerequisite to the imposition of a valid judgment. Id. However, "Rule 33(f) does not require the trial Judge to make an explicit statement on the record." Id. "Instead, when the trial Judge simply overrules a motion for new trial, an appellate court may presume that the trial Judge has served as the thirteenth juror and approved the jury's verdict." Id.
In this case, the trial court stated at the Conclusion of the hearing on Appellant's motion for a new trial that it had reviewed the motion and was "convinced that there was sufficient proof for the jury to return the verdict that it returned." Because the trial court denied the motion for a new trial, we presume that it exercised its role as the thirteenth juror. See id. Appellant has offered nothing that convinces us that the presumption does not apply in this case. This issue has no merit.
Accordingly, the judgment of the trial court is AFFIRMED.
JERRY L. SMITH, JUDGE
CONCUR: THOMAS T. WOODALL, JUDGE NORMA MCGEE OGLE, JUDGE
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