State of Tennessee v. John Michael Whitlock

Following a jury trial, the Defendant, John Michael Whitlock, was convicted of two counts of sexual exploitation of a minor, a Class D felony. See Tenn. Code Ann. § 39-17-1003(d). In this direct appeal, the Defendant raises the following issues for our review: (1) The State presented insufficient evidence to sustain his convictions for sexual exploitation of a minor; (2) The trial court erred when it allowed the State to give a rebuttal closing argument when the Defendant waived opening statements and offered no proof; and (3) The trial court erred when it instructed the jury regarding the factors contained in United States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal. 1986). Following our review, we conclude that the State did not present sufficient evidence to support the Defendant’s convictions for sexual exploitation of a minor and, therefore, we reverse the judgments of the trial court and dismiss the charges against the Defendant.