State of Tennessee v. Robert Jason Burdick (Ct 1 only)

M2010-00144-SC-R11-CD
Date / Time: 
October 4, 2012 - 9:00am

Lower Court Summary:

Appellant, Robert Jason Burdick, was indicted for several offenses by the Davidson County
Grand Jury in May of 2008. At issue herein is Appellant’s indictment for aggravated rape
allegedly occurring on March 1, 1994. After a trial in October of 2009, Appellant was found
not guilty of aggravated rape but guilty of the lesser included offense of attempted
aggravated rape. As a result, Appellant was sentenced to ten years in incarceration, to be
served consecutively to sentences for other convictions that are unspecified in the record
herein. On appeal, Appellant argues that the issue before this Court is whether his conviction
is barred by the statute of limitations. We hold that the affidavit of complaint in this case
establishes probable cause and that a John Doe warrant with a DNA profile as identifying
information is sufficient to commence a prosecution. Therefore, from the record before us
it appears that the prosecution against Appellant commenced with the issuance of a valid
arrest warrant, well within the applicable statute of limitations. Accordingly, the judgment
of the trial court is affirmed.

Court: 
Supreme Court
County: 
Davidson
Division: 
Middle Section