State of Tennessee v. Lynn Frank Bristol

Lynn Frank Bristol, Defendant, was indicted by the Coffee County Grand Jury for “sexual battery and rape of a child” for incidents involving his step-daughter. Nearly three years later, and three days prior to trial, the State moved to amend the indictment to reflect a charge of aggravated sexual battery in Count One and to amend the dates encompassed in the indictment in both Count One and Count Two. Defendant objected to the amendment and asked for a continuance. The trial court allowed the State to amend the indictment and denied a continuance. After a jury trial, Defendant was convicted of aggravated sexual battery in Count One and the lesser-included offense of aggravated sexual battery in Count Two. Defendant was sentenced to ten years for each conviction and the trial court ordered the sentences to run consecutively, for a total effective sentence of twenty years to be served at 100 percent. Defendant appeals, arguing: (1) that the trial court erred in allowing the State to amend the indictment; (2) that the trial court erred by denying a continuance; (3) that the trial court improperly relied on State v. Qualls, 482 S.W.3d 1 (Tenn. 2016), for a variety of reasons, including failing to give an enhanced unanimity instruction; (4) that the evidence is insufficient to support the convictions; and (5) that the sentence is excessive. Because we determine that the trial court erred by failing to submit the complete written charge to the jury, in violation of Tennessee Rule of Criminal Procedure 30(c), the judgments of the trial court are reversed and the matter is remanded for a new trial.