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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE JANUARY SESSION, 1999

FILED
June 1, 1999 Cecil W. Crowson Appellate Court Clerk

STATE OF TENNESSEE, Appellee, V.

BARRY WADDELL, Appe llant.

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C.C.A. NO. 01C01-9801-CR-00016

DAVIDSON COUNTY

HON . CHE RYL BLAC KBU RN, JUDGE (RAPE OF A CHILD)

FOR THE APPELLANT: LIONEL R. BARRETT, JR. Washington Square Two, Suite 418 222 Se cond A venue N orth Nashville, TN 37201 (On App eal Only) DIANNE TURNER Trial Lawyers Building 430 Third Avenue North, Suite 101 Nashville, TN 37201-1111 (At Trial Only) DAVID A. COLLINS 211 Printers Alley Building, Suite 400 Nashville, TN 37201 (At Trial Only)

FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General & Reporter DARYL J. BRAND Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTO R S. JO HNS ON, III District Attorney General WILLIAM REED Assistant District Attorney General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649

OPINION FILED ________________________ AFFIRMED IN PART; REVERSED AND MODIFIED IN PART THOMAS T. WOODALL, JUDGE

OPINION
The Defendant, Barry Waddell, appeals as of right from his conviction in the Davidson Coun ty Crimina l Court. After a jury trial, Defendant was convicted of two (2) counts of rape of a child (Counts 1 and 2) and two (2) counts of aggravated sexual battery (Counts 3 and 4). Defendant was sentenced to twenty-five (25) years for each count of rape of a child and ten (10) years for each count of aggravated sexual battery, with all sentence s to be served consecutively, for an e ffective sentence of seventy (70) years. Defendant argues that the trial cou rt impro perly sentenced him to the maximum period of inca rcerat ion for h is rape of a ch ild convictions and erred in ordering his sente nces to b e served conse cutively. W e affirm in pa rt, and reve rse and modify in p art.

When an accused challenges the length, range or the mann er of service of a sentence, this court has a duty to conduct a de novo review of the sentence with a presumption that the determinations made by the trial court are correct. Tenn. Code Ann.

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