State of Tennessee v. Joshua Daniel Gibbons

Defendant, Joshua Daniel Gibbons, appeals his Sullivan County Criminal Court jury conviction of disorderly conduct, arguing that the evidence was insufficient to support his conviction and that the trial court erredin its instructions to the jury. We find that the trial court erred by instructing the jury on a mode of disorderly conduct not included in the charging instrument and that, in any event, the evidence was insufficient to support Defendant’s convictionunder either mode of liability charged to the jury. Accordingly, we reverse the judgment of the trial court and dismiss the charge.