02/27/2020 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 3, 2019 STATE OF TENNESSEE v. RANDALL RAY WARD Appeal from the Circuit Court for Madison County No. 17-495 Donald H. Allen, Judge ___________________________________ No. W2019-00345-CCA-R3-CD ___________________________________ A Madison County jury convicted the defendant, Randall Ray Ward, of two counts of promoting prostitution and one count of trafficking a person for a commercial sex act. Following a sentencing hearing, the trial court imposed an effective sentence of twenty years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions. He also argues the trial court erred in failing to merge the convictions regarding S.C.1 and in failing to give the jury an instruction on accomplice testimony. After reviewing the record and considering the applicable law, we affirm the defendant’s convictions but remand for merger of Counts three and four. Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed and Remanded J. ROSS DYER, J., delivered the opinion of the court, in which CAMILLE R. MCMULLEN and ROBERT H. MONTGOMERY, JR., JJ., joined. George Morton Googe, District Public Defender; Gregory D. Gookin, Assistant Public Defender, for the appellant, Randall Ray Ward. Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Assistant Attorney General; Jody Pickens, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee. OPINION Facts and Procedural History 1 It is the policy of this Court to refer to victims of sexual crimes by their initials. We intend no disrespect. A Madison County grand jury indicted the defendant, Randall Ray Ward, for two counts of trafficking a person for a commercial sex act (Counts one and three) and two counts of promoting prostitution (Counts two and four). Following a jury trial, the defendant was convicted of one count of trafficking a person for a commercial sex act (Count three) and two counts of promoting prostitution (Counts two and four). The defendant was acquitted on Count one. At trial, the State presented the following facts for the jury’s review. T.G. testified she was a heroin addict for twenty years, and, to support her habit, she began engaging in acts of prostitution. Initially, she worked for a man named Chew. However, after a physical altercation, T.G. wanted more protection. The defendant approached her and promised to take care of her if she worked as a prostitute for him. S.C. testified she met the defendant shortly after moving to Jackson. Like T.G., S.C. was addicted to heroin and moved to Jackson for easier access to drugs. While in Jackson, S.C.’s friend posted an ad for her on Backpage, a website containing advertisements for commercial sex services. Three days after her ad was posted, the defendant contacted S.C. and asked her to work for him. The defendant promised S.C. she would “never have to be dope sick” again. S.C. explained “dope sick[ness]” occurs when your body ...
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