State of Tennessee v. Anthony Lebron Vance
E2020-00467-CCA-R3-CD
| Tenn. Crim. App. | Jul 12, 2021Background
- On Jan. 3, 2018, a woman walking home from a bus stop was approached, forced behind a duplex, and sexually assaulted; she suffered injuries and bleeding and was hospitalized.
- Victim identified the assailant in a photo lineup; a nearby neighbor saw the man flee and identified him as the Defendant, Anthony Vance.
- GPS monitoring placed Vance in the vicinity of the assault during the relevant time window; TBI testing matched Vance’s DNA to saliva on the victim’s left nipple.
- At trial Vance denied being in the area; he was convicted by a jury of rape and sentenced to 25 years (100%), ordered consecutive to a prior 10-year sentence (effective 35 years).
- On appeal to the Tennessee Court of Criminal Appeals, Vance challenged (1) sufficiency of the evidence and (2) the imposition of consecutive sentencing.
- The court affirmed: evidence (victim testimony + forensic and GPS corroboration) was sufficient; consecutive sentence upheld because the offense occurred while Vance was on probation and the court did not abuse its discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | State: Victim’s testimony corroborated by forensic injuries, DNA, GPS, and eyewitness ID supports conviction | Vance: Victim’s testimony was inconsistent, invoking the cancellation rule; evidence uncorroborated | Affirmed — viewed in light most favorable to State, evidence (including DNA, injuries, GPS, eyewitness) was sufficient |
| Consecutive sentencing | State: Trial court properly exercised discretion; consecutive term authorized because offense committed while on probation | Vance: Effective 35-year sentence is excessive (near-life given age and limited credits) | Affirmed — court did not abuse discretion; probationary status justified consecutive sentence and sentence was not greater than deserved |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
- Bland v. State, 958 S.W.2d 651 (Tenn. 1997) (credibility and weight of evidence are jury functions)
- Matthews v. State, 888 S.W.2d 446 (Tenn. Crim. App. 1993) (rule of cancellation for contradictory testimony)
- Dorantes v. State, 331 S.W.3d 370 (Tenn. 2011) (circumstantial and direct evidence treated the same for sufficiency review)
- Bise v. State, 380 S.W.3d 682 (Tenn. 2012) (abuse-of-discretion standard with presumption of reasonableness for within-range sentences)
- Pollard v. State, 432 S.W.3d 851 (Tenn. 2013) (broad trial-court discretion on consecutive sentencing)
- Desirey v. State, 909 S.W.2d 20 (Tenn. Crim. App. 1995) (consecutive sentence must be no greater than deserved and least severe necessary)
- Vasques v. State, 221 S.W.3d 514 (Tenn. 2007) (appellate standard reiterating Jackson sufficiency review)
