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State v. Davis3/22/1999
The defendant, Edward L. Davis, was convicted of sexual battery, a class E felony. Tenn. Code Ann. § 39-13-505. The trial court imposed a Range I sentence of one year and required the defendant to serve eighteen days in the county jail and the remainder of his sentence on intensive supervision with Corrections Management Corporation, a community based alternative. The defendant was required to perform one hundred hours of community service, abide by the terms of a behavioral contract, and pay court costs.
In this appeal of right, the defendant presents the following issues for review:
"(I) whether the evidence is sufficient to support the conviction for sexual battery;"
"(II) whether the trial court erred by admitting prejudicial and irrelevant testimony; and"
"(III) whether the trial court erred by refusing to charge the lesser offense of assault."
We affirm the judgment of the trial court.
On November 26, 1996, the defendant was working as a substitute teacher in a special education classroom of the Fayette County Schools. During the course of the day, a teaching assistant, Mary Grandberry, entered the classroom and saw the defendant standing next to LH, the victim. The defendant had placed his hand under the victim's clothing. At trial, Ms. Grandberry testified that she had looked twice because she was so surprised before returning to her classroom. A few minutes later, she informed another teacher of the defendant's conduct. Ms. Grandberry then confronted the defendant, who asked her to "drop it." She replied, "You asked me to drop this. You've got a daughter. Would you want it to happen to your daughter?" The defendant then answered, "No." Ms. Grandberry described the victim as "disturbed" after the incident.
On cross-examination, Ms. Grandberry testified that special education students are taught life skills in the classroom kitchen. A cabinet and sink are directly opposite from the doorway to the classroom kitchen. Ms. Grandberry stated that she stood in the doorway as she saw the defendant touching the victim. She testified that the defendant and victim were standing by the sink, facing one another, with the defendant's left side and the victim's right side visible to Ms. Grandberry. She recalled that the defendant's right hand was under the victim's dress touching her pubic area and denied that her view was obscured by the defendant. Ms. Grandberry explained that she did not intervene because "he know the rules."
The victim, seventeen years old at the time of the offense, testified that the defendant, who had asked her to prepare coffee for him, slipped his hand under her dress and into her pantyhose, touching her pubic area.
Andrea Hamm, the victim's mother, testified that the victim had been enrolled in special education classes since kindergarten. She denied either questioning the victim about the incident or rehearsing her in preparation for trial. Ms. Hamm maintained that she had preferred that her daughter not testify and that the two only discussed the incident when the victim indicated a desire to do so. Ms. Hamm stated that the victim reads on a second or third grade level, can prepare a bowl of cereal but is not permitted to cook, and is not left at home alone. She explained that the victim could dress herself but could not wash her hair. Apparently, the victim does perform some chores and cleans her room with assistance. She has an IQ of 50, placing her in the moderate range of mental retardation.
Sylvia Faye Person, a teacher of special education, had attended high school with the defendant and taught school with him at Fayette Ware High School. Whe
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