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Posted by: Landry Butler on Jun 27, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

C. Dawn Deaner, District Public Defender; Jeffrey A. DeVasher, Assistant Public Defender (on appeal); and Georgia Simms and Daniel Satterfield, Assistant Public Defenders (at trial), for the Defendant, Jose Dimas Alvarado.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Glenn R. Funk, District Attorney General; and Alyssa Henning, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Jose Dimas Alvarado, appeals as of right from his conviction for aggravated sexual battery. See Tenn. Code Ann. § 39-13-504. The Defendant argues (1) that the trial court erred in admitting the victim’s forensic interview as substantive evidence; (2) that the trial court erred in allowing the State to present evidence and argument that the Defendant had characteristics typical of perpetrators of child sexual abuse; (3) that the trial court erred in allowing the prosecutor to make improper statements during closing argument that referenced facts outside the record and shifted the burden of proof to the Defendant; (4) that the trial court erred in instructing the jury on aggravated sexual battery as a lesser-included offense of rape of a child; and (5) that the trial court imposed an excessive sentence. Following our review, we affirm the judgment of the trial court.