State of Tennessee v. Daniel Ross McClellan

A Hawkins County jury convicted the Defendant-Appellant, Daniel Ross McClellan, of rape of a child and incest. On remand for resentencing for the rape of a child following his first direct appeal, State v. Daniel Ross McClellan, No. E2009-00698-CCA-R3-CD, 2010 WL 2695657 (Tenn. Crim. App., at Knoxville, July 8, 2010), the trial court imposed a sentence of twenty-five years. McClellan appeals the length of his sentence, arguing that the trial court violated his constitutional right to a jury trial by relying on enhancement factors that were improperly submitted to the jury. The State concedes error but maintains that McClellan’s sentence is appropriate. Although we discern no reversible error, we remand to the trial court for correction of the judgment formsto reflect the date of the offense as shown in the indictment. In all other respects, the judgment of the trial court is affirmed.