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Posted by: Tanja Trezise on Jun 26, 2015

Head Comment: With dissenting opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Beau E. Pemberton, Dresden, Tennessee, for the defendant, Jonathan Mitchell Grimes.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Garry G. Brown, District Attorney General; and Edward L. Hardister and Jason Scott, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Jonathan Mitchell Grimes, was indicted by the Gibson County Grand Jury in count 1 for rape of a child and in count 2 for aggravated sexual battery of a child under the age of thirteen. At trial, the State dismissed count 2. The jury subsequently convicted the defendant in count 1 of the lesser included offense of aggravated sexual battery, and he was sentenced to ten years at one hundred percent release eligibility. On appeal, the defendant argues: (1) the evidence is insufficient to sustain his conviction; (2) the trial court erred in allowing evidence of uncharged crimes, wrongs, or acts under Rule 403 and Rule 404(b) of the Tennessee Rules of Evidence; (3) the trial court erred in allowing the victim to testify after speaking with prosecutors during a break at trial; and (4) the State?s bill of particulars did not provide adequate notice to him of the time frame for the charged offense, and there was a fatal variance between the bill of particulars and the evidence presented at trial. Upon review, we affirm the judgment of conviction, vacate the judgment forms in counts 1 and 2, and remand the case for entry of correct judgment forms.