Murfreesboro man convicted of molesting two 5 year olds files appeal in case

Jun 15, 2015 at 08:34 am by bryan


A man convicted of two counts of aggravated sexual battery and one count of solicitation of a minor to engage in aggravated sexual battery, has suggested the Rutherford County Courts made a mistake.

Marcus Smartt, who was sentenced to spend 20-years behind bars by Judge David Bragg, filed a motion of "mistrial" with the Tennessee Court of Criminal Appeals. Smartt, who is convicted of molesting two children who were only 5-years old at the time of the crime, claims the courts failed to admit certain evidence and that prosecutorial misconduct occurred during closing argument.

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The Appeals court did not agree with Smartt in regards to the mistrial, however the courts do contend that a solicitation conviction must be merged into one of the aggravated sexual battery convictions. As a result the Appeals Court wrote in a recent document, "We remand for further proceedings in accordance with this opinion."

Smartt was denied parole in 2008, but will be eligible for parole a second time in year 2023.

Source:

No. M2014-01093-CCA-R3-CD - June 2015 Court Doccuments

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