All Content

Posted by: Tanja Trezise on Mar 13, 2012

Court: TN Court of Criminal Appeals

Attorneys 1: Roger E. Nell, District Public Defender (on appeal); and Charles Bloodworth, Assistant Public Defender (at trial), for the appellant, Roger W. Christy.

Attorneys 2: Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Arthur Beiber, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

A Montgomery County grand jury charged the defendant, Roger W. Christy, with one count of sexual battery by an authority figure, see T.C.A. § 39-13-527 (2006), and one count of sexual battery accomplished by force or coercion, see T.C.A. § 39-13-505. Following a bench trial, the trial court convicted the defendant of sexual battery by an authority figure and acquitted him of sexual battery accomplished by force or coercion. At sentencing, the trial court sentenced the defendant to three years’ probation as a Range I, standard offender. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction. Having determined that a fatal variance exists between the offense charged in the indictment and the proof presented at trial, we reverse the judgment of the trial court and dismiss the case.