State of Tennessee v. Darious Gory

A Shelby County jury convicted the defendant of rape of a child for which he received a
sentence of 60 years’ confinement as a career offender. On appeal, the defendant claims
the trial court erred in allowing the State, over the defendant’s objection, to dismiss the
second count of the indictment, aggravated sexual battery, at the close of its proof.
Additionally, the defendant asserts that the demonstrative aid used by the prosecutor during
jury voir dire constituted misconduct. The State insists that “it is within the State’s
prerogative” to dismiss count two and that by failing to object, the defendant has waived
his claim relating to the State’s voir dire. Upon our review of the record, the applicable
law, and the parties’ briefs, we affirm the judgment of the trial court.