State of Tennessee v. James Moore, W2015-01483-CCA-R3-CD

Defendant James Moore, the victim's uncle, lived with the victim's family June–Nov 2012; victim was six at the time of the charged conduct and eight at trial.
Victim testified defendant repeatedly forced her to perform fellatio, describing a Halloween-night incident when her mother discovered them on the couch and the victim later told her mother the defendant “would stick his pee-pee in my mouth.”
Mother (S.G.) observed the victim wiping her mouth when she entered the room, then took the child to the hospital and reported the incident to police and MSARC.
Forensic nurses collected oral and genital swabs from the victim and penile and pubic swabs from the defendant; DNA testing showed the victim’s DNA as a minor contributor on the defendant’s penile swab.
Jury convicted Moore of rape of a child (Class A) and aggravated sexual battery (Class B); trial court merged the B felony into the A for sentencing and imposed 40 years for each count, designating Moore a Range II offender.
On appeal Moore challenged sufficiency of the evidence and the sentence length; the Court of Criminal Appeals affirmed the rape conviction, found aggravated sexual battery supported by the evidence, but remanded to correct the B-felony sentence to the applicable Range II term (12–25 years).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for rape of a child and aggravated sexual battery	State: victim testimony plus DNA linking victim to defendant's penile swab supports unlawful sexual penetration of a child	Moore: victim's initial reluctance and allegedly weak/limited forensic evidence create reasonable doubt	Court: Evidence (victim testimony + DNA) sufficient; jury credibility findings upheld
Sentence length / range	State: 40-year sentence (within Range II for rape of a child) is presumptively reasonable and supported by enhancement factors	Moore: 40 years is effectively a life term and excessive	Court: 40 years for rape of a child affirmed; aggravated sexual battery sentence exceeded Class B range and judgment remanded to impose 12–25 years

Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency review: whether any rational trier of fact could find guilt beyond a reasonable doubt)
Bise v. State, 380 S.W.3d 682 (Tenn. 2012) (sentencing review and presumption of reasonableness for within-range sentences)
Pollard v. State, 432 S.W.3d 851 (Tenn. 2013) (appellate standard for review of sentences and abuse of discretion)
Carter v. State, 254 S.W.3d 335 (Tenn. 2008) (trial court may select any within-range sentence consistent with sentencing principles)
Goodwin v. State, 143 S.W.3d 771 (Tenn. 2004) (appellate deference to jury and consideration of strongest legitimate view of evidence)
Dorantes v. State, 331 S.W.3d 370 (Tenn. 2011) (same sufficiency standard for direct and circumstantial evidence)
Bland v. State, 958 S.W.2d 651 (Tenn. 1997) (credibility and weight of evidence are for the trier of fact)
Bolin v. State, 405 S.W.2d 768 (Tenn. 1966) (trial judge and jury as primary factfinders; appellate courts defer on credibility)