State Tennessee v. Jessie Arthur Moore

Robert K. Dwyer, Judge The two consecutive sentences of forty years each for committing the offenses of aggravated kidnapping, T.C.A. § 39-2-301, and aggravated rape, T.C.A. § 39-2-603, prompt this appeal of right, T.R.A.P. 3(b), with issues. The issues are: (1) misconduct of a juror; (2) admission of portions of appellant's statement not furnished appellant by the State until the trial date; (3) introduction of part of the appellant's statement to police allegedly made after he requested an attorney; (4) introduction of an electrical shock device found by defendant's bed; (5) failure of the trial court to charge simple kidnapping; (6) the trial court's instructions to the jury that the second count of the indictment charged appellant with aggravated rape; (7) the court erred in ordering consecutive sentences; and (8) the court erred in finding counsel was not ineffective. With no direct challenge on the sufficiency of the evidence, it suffices to relate the following found from our review of this transcript. While driving his van on February 14, 1984, the appellant picked up the victim, a Nashville prostitute, upon a paid agreement for sex. In short order, the appellant forcibly chained the victim to a seat in his van and then drove to his trailer in Cleveland. At the trailer, after being threatened, the victim was again chained against her will to appellant's bed and more sexual activity followed. The victim testified that the appellant raped her, and made her perform oral sex. She related that appellant had placed a pistol against her head in the van and had placed the pistol on top of a refrigerator while in the trailer.