State of Tennessee v. Joseph D. Taylor

The appellant, Joseph D. Taylor, was convicted of attempted rape, attempted sexual battery, and aggravated kidnapping. After a sentencing hearing, the appellant was sentenced as a career offender to fifteen (15) years for attempted rape, eleven (11) months and twenty-nine (29) days for attempted sexual battery, and twelve (12) years as a violent offender for aggravated kidnapping. On direct appeal, this Court affirmed the conviction for attempted rape and reversed the other two convictions. See State v. Taylor, 63 S.W.3d 400 (Tenn. Crim. App. 2001). The appellant filed a petition for post-conviction relief, which was denied by the trial court after a hearing. On appeal, this Court set aside the appellant's sentence for attempted rape because he was improperly sentenced as a career offender. See Joseph D. Taylor v. State, No. M2003-00138-CCA-R3-PC, 2004 WL 350641, at *11 (Tenn. Crim. App., at Nashville, Feb. 20, 2004). On remand, the trial court sentenced the appellant to fifteen (15) years as a Range III offender. A timely notice of appeal was filed. The appellant challenges his sentence, arguing that his sentence violates Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004), because the trial court improperly applied enhancement factors that were not admitted by the appellant or determined by a jury. After a review of the record, we affirm the judgment of the trial court pursuant to Court of Criminal Appeals Rule 20.