State of Tennessee v. Jose Antonio Henriquez

The Defendant, Jose Antonio Henriquez, was convicted by a Davidson County Criminal Court jury of two counts of aggravated sexual battery, Class B felonies; attempted aggravated sexual battery, a Class C felony; solicitation of a minor, a Class C felony; and sexual exploitation of a minor, a Class C felony. See T.C.A. §§ 39-13-504 (2010) (aggravated sexual battery), 39-12-101 (2010) (criminal attempt), 39-13-528 (2006) (amended 2013) (solicitation of a minor), 39-13-529 (2006) (amended 2011, 2012, 2013) (sexual exploitation of a minor). The trial court sentenced the Defendant to concurrent terms of eleven years as a violent offender for each of the aggravated sexual battery convictions and five years as a Range I, standard offender for each of the attempted aggravated sexual battery, solicitation of a minor, and sexual exploitation of a minor convictions. On appeal, the Defendant contends that (1) his right to a speedy trial was violated and (2) a fatal variance exists between the solicitation of a minor charge and the trial proof. We affirm the judgments of the trial court.