State of Tennessee v. Ryan Patrick Broadrick

The Defendant, Ryan Patrick Broadrick, pled guilty to statutory rape, a Class E felony, in exchange for a three-year sentence on probation. Following a hearing, the trial court ordered that the Defendant was required to register as a sex offender. The Defendant appeals, arguing (1) that this court should review the trial court’s decision using a de novo standard of review, rather than an abuse of discretion with a presumption of reasonableness standard; (2) that the trial court was not authorized by Tennessee Code Annotated section 39-13-506(d)(2)(B) to consider anything other than the facts and circumstances of the statutory rape offense to which the Defendant pled guilty; (3) that due process principles prohibited the trial court from considering the nolled sexual exploitation of a minor count of the indictment that pertained to photographs found on the Defendant’s phone; (4) that due process of law afforded him the right to perform independent forensic testing of the photographs found on his phone; (5) that the trial court failed to articulate for the record how it took into account “the facts and circumstances of the offense” as required by the statute; and (6) that the photographs relied upon by the trial court did not depict minors engaged in sexual activity. After review, we affirm the judgments of the trial court. However, we remand the case for entry of judgment forms for each count of the indictment.