State v. Jernigan

929 S.W.2d 391, 1996 Tenn. Crim. App. LEXIS 116
CourtCourt of Criminal Appeals of Tennessee
DecidedFebruary 23, 1996
StatusPublished
Cited by40 cases

This text of 929 S.W.2d 391 (State v. Jernigan) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jernigan, 929 S.W.2d 391, 1996 Tenn. Crim. App. LEXIS 116 (Tenn. Ct. App. 1996).

Opinion

OPINION

JONES, Judge.

The Davidson County Grand Jury returned a fourteen count indictment against the appellant, Stan Jernigan.1 The indictment charged the appellant with two (2) counts of aggravated rape, a Class A felony, eleven (11) counts of aggravated sexual battery, a Class B felony, and (1) count of sexual battery, a Class E felony. The appellant entered pleas of guilty to five (5) counts of attempt to commit aggravated sexual battery, a Class C felony, pursuant to a plea bargain agreement. Since the parties could not reach an agreement on the appropriate punishment, a sentencing hearing was conducted by the trial court. The trial court found that the appellant was a standard offender and sentenced the appellant to a Range I sentence of confinement for five (5) years in the Department of Correction in each count. The trial court ordered that the sentences imposed in Counts 1, 2, 10, and 11 are to be served concurrently to each other, but the sentences are to be served consecutively to Count 13. Therefore, the effective sentence imposed is confinement for ten (10) years in the Department of Correction.

Four issues are presented for review. However, these issues may be consolidated into three issues, namely: (a) the sentences imposed were excessive, (b) the trial court abused its discretion in ordering consecutive sentencing, and (e) the trial court abused its discretion in refusing to grant some form of alternative sentencing.

The judgment of the trial court is affirmed.

The appellant was fifty-four years of age when he was sentenced. His marriage ended in divorce in 1976. The only child born to this union is twenty-five (25) years of age. The appellant has a bachelor of science degree in psychology and sociology. He has a masters degree in social work with a speciality in child welfare. Thereafter, he spent most of his life counselling others. He assisted in the development of a drug and alcohol abuse center and served as its director.

When sentenced, the appellant’s primary concern was his comatose father, who was ninety-two years of age. His father was maintained in a nursing home until the family funds were depleted. Thereafter, the appellant took care of his father at home. He did some consultation, worked with his son on a contract for billing at a local university, and helped manage rental property.

[394]*394The appellant was also active in his church over a period of years. He taught church school at all levels, was active on several church committees, served as youth director for almost four years, and had spoken to the congregation during services on several occasions.

The appellant became acquainted with the victims and their two older brothers when they lived across the street from him. They visited his residence. He recognized that the children were neglected and abused. It seems that their mother and father had become addicted to drugs and alcohol. Their mother was convicted and sent to jail. The father placed the children in a home.

On weekends the appellant went to visit the children. He took their father with him when their father could go. The appellant cared for the children in his home on alternate weekends. The children were separated at one point. Eventually, all the children became unhappy residing in the home. Shortly before the children’s mother was to be released from jail, their father took them from the home and allowed them to live in the appellant’s home. This arrangement was to last during the summer. The children’s mother and father were going to unite, obtain a place to live, and the children would live with their parents. However, it may be gleaned from the record that their mother and father continued to have problems related to alcohol and drug addiction. What was to last a summer ended in the children living with the appellant for several years. The mother eventually obtained the two youngest children, the victims in this case, and the two older boys continued to live with the appellant. Although adults and working, the boys, now young men, continued to live with the appellant. Although adults and working, the boys, now young men, continued to live with the appellant. The victims would occasionally visit the appellant until it was discovered that he had sexually abused them.

The appellant readily acknowledged his guilt. He stated that he has had an attraction to young boys between the ages of ten and fourteen. This problem had existed for approximately forty years of his life. He received treatment for this condition in the 1970s, but professionals in the fields of psychology and psychiatry did not know how to treat such conditions. The appellant consulted a clinical psychologist who has had a wealth of experience in treating sex offenders as well as victims of sexual abuse. He was being treated by this person until the time of the sentencing hearing.

No one has been able to determine why the appellant has an attraction to boys. The psychologist testified that the appellant had a normal childhood except for having polio. As a result, he could not play sports or engage in many other activities. She opined that this may have been the cause for his desire.

The appellant testified that he has his pedophilia condition under control. He had prepared what is called a Relapse Prevention Plan. This plan explained how the appellant would guard against a relapse. He intended to stay away from children unless there were adults present. He planned to stay away from some public facilities so that he would not see the children, and, therefore, would not be able to engage in fantasies at a later time. It was an extremely elaborate plan. It had been refined and approved by the psychologist.

It was the opinion of the psychologist that the appellant was not a “predator,” who drives around the city looking for young boys, goes to playgrounds seeking them, or tries to cultivate friendships with such children. In this ease, the victims were living in the same house with the appellant.

The psychologist testified that the appellant’s prognosis was good but guarded. She stated that the appellant “would have to continue in therapy, long-term intensive therapy.” She also recommended that if he remained in society, the appellant should be placed under house arrest or subjected to electronic monitoring. This would alert the responsible authorities and professionals if there were any “red flags” indicating a need for correction.

The appellant was described by his friends, family members, and co-employees at the drug and alcohol abuse center as being an excellent person, a good friend, interested in other people, and always willing to help oth[395]*395ers. These individuals expressed the view that while the appellant had committed egregious crimes, he would not engage in this same conduct if left in society. The appellant expressed great remorse for his transgressions. He subsequently suffered from depression, suffered great pain from his condition and from what he had done to these children, and there was concern that he had expressed suicidal tendencies.

I.

When an accused challenges the length and manner of service of a sentence, it is the duty of this Court to conduct a de novo review on the record with a presumption that “the determinations made by the court from which the appeal is taken are correct.” Tenn.Code Ann. § 40-35-401(d).

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Cite This Page — Counsel Stack

Bluebook (online)
929 S.W.2d 391, 1996 Tenn. Crim. App. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jernigan-tenncrimapp-1996.