State of Tennessee v. Larry Wayne Stokes , 1997 Tenn. LEXIS 529 ( 1997 )

IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE FILED
(HEARD AT JACKSON)
November 3, 1997
Cecil W. Crowson
Appellate Court Clerk
STATE OF TENNESSEE ) FOR PUBLICATION
)
) FILED: NOVEMBER 3, 1997
Appellee )
) WILLIAMSON COUNTY
v. )
) HON. HENRY DENMARK BELL,
LARRY WAYNE STOKES ) JUDGE
)
Appellant ) NO. 01-S-01-9701-CC-00006
For Appellant: For Appellee:
LARRY WAYNE STOKES, pro se JOHN KNOX WALKUP
Only, TN Attorney General and Reporter
KATHY MORANTE
Deputy Attorney General
Nashville, TN
JOSEPH D. BAUGH, JR.
District Attorney General
JEFFREY P. BURKS
Assistant District Attorney
General
Franklin, TN
OPINION
AFFIRMED BIRCH, J.
Larry Wayne Stokes, the appellant, was convicted in the
Circuit Court of Williamson County of rape of a child, in violation
of Tenn. Code Ann. § 39-13-522 (Supp. 1995). He currently serves
a fifteen-year sentence in the Department of Correction.
In his appeal as of right, Stokes raised a single issue:
the sufficiency of the convicting evidence. The Court of Criminal
appeals found the evidence sufficient and affirmed the trial
court’s judgment.
Stokes applied for review pursuant to Tennessee Supreme
Court Rule 11. In his application, he asserted, for the first
time, that the indictment was defective so as to deprive the court
of jurisdiction.
We accepted the application in order to review the single
issue concerning the validity of the indictment.
The indictment contains six counts of child rape. Each
count reads as follows:
The Grand Jurors for the State of
Tennessee, duly elected, impaneled,
sworn, and charged, to inquire for
the body of the County of Williamson
and State aforesaid, upon their oath
aforesaid, present that LARRY WAYNE
STOKES, heretofore, to-wit, in May,
1993 to October, 1993, before the
finding of this presentment, in said
County and State, unlawfully and
feloniously did sexually penetrate a
female child under the age of
thirteen (13) years, whose date of
birth is 8-9-81, in violation of
Tennessee Code Annotated, Section
2
39-13-522, and against the peace and
dignity of the State of Tennessee.
Stokes’ contention that the indictment is defective to
the extent that the trial court was without jurisdiction is
controlled by State v. Hill, No. 01-S-01-9701-CC-00005 (Tenn. filed
Nov. 3, 1997).
Under the Hill analysis, we find the indictment
constitutionally valid and sufficient to vest the court with
jurisdiction.
Accordingly, we dismiss the appeal and affirm the
judgment of the Court of Criminal Appeals. Costs of this cause are
taxed to Stokes for which execution may issue if necessary.
____________________________________
ADOLPHO A. BIRCH, JR., Justice
CONCUR:
Anderson, C.J.
Drowota, Reid, Holder, JJ.
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