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Posted by: Amelia Ferrell Knisely on Feb 12, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Steve McEwen, Mountain City, Tennessee (on appeal); Jeffery C. Kelly, District Public Defender; and Melanie Sellers, Assistant District Public Defender (at trial), for the appellant, Danny Wayne Horn.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; Anthony Wade Clark, District Attorney General; and Matthew Edward Roark, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Danny Wayne Horn, was convicted by a jury of aggravated sexual battery, a Class B felony. See Tenn. Code Ann. § 39-13-504. He received a sentence of ten years? incarceration for said conviction. The Defendant now appeals, arguing that the evidence presented was insufficient to support his conviction; that the trial court erred in denying his request for a mistrial after the victim stated that she identified the Defendant from “his picture on a sex offender website”; and that the State committed plain error during closing argument by alluding to the Defendant?s status as a registered sex offender. Following our review, we discern no reversible error and affirm the trial court?s judgment.