State v. Tidwell
| Decision Date | 21 March 1989 |
| Parties | STATE of Tennessee, Appellee, v. Marshall TIDWELL, Appellant. |
| Court | Tennessee Court of Criminal Appeals |
Charles W. Burson, Atty. Gen. & Reporter, Charles E. Bush, Asst. Atty. Gen., Nashville, Joseph D. Baugh, Dist. Atty. Gen., David Rogers, Asst. Dist. Atty. Gen., Franklin, Don Schwendimann, Asst. Dist. Atty. Gen., Howenwall, for appellee.
Jerry A. Colley, Columbia, for appellant.
The Hickman County Grand Jury returned a forty-five (45) count presentment against the defendant, Marshall Tidwell. The presentment accused the defendant of committing multiple offenses of aggravated rape, rape, statutory rape, aggravated sexual battery, sexual battery, and crimes against nature. The defendant was subsequently convicted by a jury of his peers of thirty-four (34) counts of the presentment. The offenses for which the defendant was convicted and the sentences imposed by the trial court are as follows:
(1) Count 1, aggravated rape, alleged to have occurred in October of 1983, a term of forty (40) years in the Department of Correction;
(2) Count 2, rape, alleged to have occurred in the spring of 1984, a term of five (5) years in the Department of Correction, ordered to be served consecutively to the sentence imposed in Count 1;
(3) Count 3, sexual battery, alleged to have occurred in September of 1984, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(4) Count 4, sexual battery, alleged to have occurred in August of 1982, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(5) Count 8, sexual battery, alleged to have occurred in 1982, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(6) Count 9, sexual battery, alleged to have occurred in 1982, a term of not less than two (2) years nor more than five (5) years, in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(7) Count 11, sexual battery, alleged to have occurred in November of 1983, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(8) Count 12, sexual battery, alleged to have occurred in November of 1983, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(9) Count 13, sexual battery, alleged to have occurred in November of 1983, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(10) Count 16, sexual battery, alleged to have occurred in 1981, a term of not less than three (3) nor more than five (5) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(11) Count 18, aggravated sexual battery, alleged to have occurred in December of 1983, a term of twenty (20) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 1;
(12) Count 19, aggravated sexual battery, alleged to have occurred in December 1983, a term of twenty (20) years in the Department of Correction, ordered to be served consecutively with the sentence imposed in Count 18, but concurrently to the sentence imposed in Count 1;
(13) Count 20, aggravated sexual battery, alleged to have occurred in the fall of 1979, a term of not less than five (5) years nor more than thirty-five (35) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(14) Count 21, aggravated sexual battery, alleged to have occurred in the fall of 1979, a term of not less than five (5) years nor more than thirty-five (35) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(15) Count 22, aggravated sexual battery, alleged to have occurred in 1982, a term of not less than five (5) years nor more than thirty-five (35) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(16) Count 23, aggravated sexual battery, alleged to have occurred in 1982, a term of twenty (20) years in the Department of Correction, ordered to be served consecutively to the sentence imposed in Count 18, but concurrently to the sentence imposed in Count 1;
(17) Count 24, statutory rape, alleged to have occurred on August 15, 1986, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentences imposed in Count 2;
(18) Count 26, statutory rape, alleged to have occurred in January of 1984, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(19) Count 27, statutory rape, alleged to have occurred in September of 1984, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(20) Count 28, statutory rape, alleged to have occurred in 1982, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(21) Count 29, statutory rape, alleged to have occurred in 1982, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(22) Count 30, statutory rape, alleged to have occurred in 1982, a term of three (3) years in the Department of Correction, ordered to be served concurrently with the sentence imposed in Count 2;
(23) Count 33, crime against nature, alleged to have occurred in October of 1983, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(24) Count 34, crime against nature, alleged to have occurred in the spring of 1984, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(25) Count 35, crime against nature, alleged to have occurred in 1984, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(26) Count 36, crime against nature, alleged to have occurred in 1984, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(27) Count 37, crime against nature, alleged to have occurred in 1984, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(28) Count 39, crime against nature, alleged to have occurred in 1982, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(29) Count 40, crime against nature, alleged to have occurred in 1982, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(30) Count 41, crime against nature, alleged to have occurred in July of 1985, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(31) Count 42, crime against nature, alleged to have occurred in July of 1986, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(31) Count 42, crime against nature, alleged to have occurred in July of 1986, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(32) Count 43, crime against nature, alleged to have occurred in January of 1984, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(33) Count 44, crime against nature, alleged to have occurred in January of 1984, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1;
(34) Count 45, crime against nature, alleged to have occurred in September of 1984, a term of ten (10) years in the Department of Correction, ordered to be served concurrently to the sentence imposed in Count 1.
After the trial court denied his motion for a new trial, the defendant appealed as of right to this Court pursuant to Rule 3(b), Tenn.R.App.P.
The defendant presents three (3) issues for our review. He contends that (a) the trial court committed error of prejudicial dimensions in denying the defendant's motion to suppress the statement he gave law enforcement officers in Dickson County, (b) the amendment to the presentment was insufficient, as a matter of law, to toll the statute of limitations as to several counts of the presentment, and (c) the trial court committed error of prejudicial dimensions in refusing to charge the jury on the law governing the testimony of an accomplice.
On August 16, 1986, the defendant was arrested in Dickson County for having unlawful sexual contact with a minor in that county. The defendant admitted he committed this offense shortly after his arrest. Later, the defendant was questioned at the Dickson Police Department by Allen Ted Tarpley, an investigator with the District Attorney General's Office, and Buddy Tidwell, a detective employed by the Dickson Police Department. The interrogation was videotaped; and Tarpley made an audio tape recording of the interrogation.
When the interrogation commenced, the defendant was advised of his Miranda rights. The defendant again admitted that he had engaged in unlawful sexual contact with a...
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