State v. Shelton

OPINION

DAUGHTREY, Justice.

Defendant William Shelton appeals his conviction for two counts of aggravated sexual battery and one count of aggravated rape. Because the state was permitted tp present evidence of many instances of his sexual abuse of the victims, he challenges the state’s failure to elect the particular offenses for which it sought convictions. We conclude that the trial court erred by not requiring an election as mandated by Burlison v. State, 501 S.W.2d 801 (Tenn.1973). As to one count, the error was harmless, because the proof establishes a single incident, thereby obviating…