State v. Stinnett

OPINION

BIRCH, Justice.

The defendant, Gary Stinnett, was tried on a charge of aggravated rape 1 of his stepdaughter. 2 A jury convicted him of aggravated sexual battery, 3 a lesser-included offense, and the trial court sentenced him to twelve years in the Department of Correction. On direct appeal, the Court of Criminal Appeals affirmed the conviction and reduced the defendant’s sentence to ten years.

We granted Stinnett’s application for permission to appeal in order to address a single issue: 4

Whether the trial court erred in admitting, under Tenn. R. Evid. 803(4), out-of-court statements…