State of Tennessee v. Warren Smith

The Defendant, Warren Smith, was convicted by a jury of sexual battery, for which he received a three-year sentence as a Range II, multiple offender. On appeal, the Defendant argues that there was insufficient evidence to support his conviction because the victim’s testimony was incredible and the State failed to establish that the touching was intentional and committed for a sexual purpose. After review, we conclude that the trial court committed reversible error in constructively amending the indictment in its charge to the jury and that the Defendant’s conviction must be reversed and the case remanded for a new trial.