State of Tennessee v. Bobby Marable II

The Defendant, Bobby Marable II, was convicted by a Gibson County Circuit Court jury
of aggravated kidnapping involving bodily injury, a Class B felony, and aggravated assault
by strangulation, a Class C felony, for which he is serving an effective thirty-five year
sentence. See T.C.A. §§ 39-13-304(a)(4) (2018) (aggravated kidnapping involving bodily
injury), 39-13-102(a)(1)(A)(iv) (Supp. 2015) (subsequently amended) (aggravated assault
involving strangulation or attempted strangulation), -(e)(1)(A)(ii) (classifying aggravated
assault involving strangulation as a Class C felony). On appeal, he contends that: (1) the
evidence is insufficient to support his aggravated kidnapping conviction, (2) the trial court
erred in its jury instructions on aggravated kidnapping, (3) the court erred in allowing the
State to impeach the Defendant with his prior convictions under Tennessee Rule of
Evidence 609, (4) he is entitled to relief due to the cumulative effect of the court’s errors,
and (5) the court erred in classifying him as a Range III, persistent offender for his
aggravated assault conviction. We affirm the Defendant’s convictions and the trial court’s
judgment for aggravated kidnapping, and we remand the case with instructions for the trial
court to correct the Defendant’s aggravated assault judgment to reflect a ten-year sentence
as a Range II, multiple offender.