IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
February 14, 2006 Session
STATE OF TENNESSEE v. MARK A. SCHIEFELBEIN
Circuit Court for Williamson County
No. I-1102-427
No. M2005-00166-CCA-R3-CD - Filed March 7, 2007
AMENDED JUDGMENT
Came the defendant, Mark A. Schiefelbein, through counsel, and the State of
Tennessee, through the attorney general, upon the defendant’s appeal from the judgments of the
Williamson County Circuit Court, where a jury convicted the defendant of seven counts of
aggravated sexual battery and one count of especially aggravated sexual exploitation of a minor.
Following extensive briefing, oral argument, and our review of the record and the applicable law,
we modify the imposition of consecutive sentences but otherwise affirm the convictions and
sentences.
For the sake of clarity, we express the following chart for equating the dual
numbering of the various counts:
Count Number in Indictment and on Equivalent Count Numbers Used in
Judgments (count numbers used Bill of Particulars, State Election of
herein for modification of judgments Counts, and the Court’s Opinion
______________________________ ____________________________
2 1
4 2
6 3
7 4
8 5
9 6
10 7
11 8.
(This judgment adjudicates the defendant’s direct appeal from trial court case number
I-1102-427; the issues in a consolidated but separate Tennessee Rule of Appellate Procedure 10
appeal, number M2005-02370-CCA-R10-CO, are adjudicated in a separate judgment bearing that
case’s appellate docket number.)
It is, therefore, ORDERED and ADJUDGED that the trial court’s judgments be
MODIFIED as follows:
(1) The sentences for indictment/judgment counts 2, 7, 8, and 9 shall be imposed to
run concurrently with each other and concurrently with the sentence in count 4;
(2) The sentences for indictment/judgment counts 4, 6, 10 and 11 shall run
consecutively to each other; and
(3) The judgment in count 11 shall be amended to reflect that the conviction is based
upon Tennessee Code Annotated section 39-17-1005 (not section 39-17-105, as stated in the original
judgment).
It is further ORDERED and ADJUDGED that, in all other respects, the judgments
of the trial court are AFFIRMED.
It is further ORDERED that the judge who presided over the trial is disqualified from
conducting further proceedings in this cause.
Further, it is ORDERED that the cause be REMANDED to the trial court for the
modificaton of judgments as herein ordered, the execution of judgments, and the collection of costs
below.
The costs of the appeal are taxed one-half (½) to the State of Tennessee and one-half
(½ ) to the defendant, for which execution may issue if necessary.
This amended judgment shall replace the original judgment filed on February 8, 2007.
Upon the entry of this amended judgment in lieu of the original judgment which is vacated, the
parties’ time for filing a Tennessee Rule of Appellate Procedure 11 application shall commence
anew.
PER CURIAM
(Witt, Wedemeyer, JJ.,
Wade, P.J., not participating)
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