State of Tennessee v. Sean Kirk Wagner

An Anderson County jury convicted the Defendant, Sean Kirk Wagner, of sexual battery
by an authority figure, a Class C felony, and the trial court sentenced him to four years,
364 days of which were to be served at 100% in the county jail and the balance to be
suspended and served on supervised probation. On appeal, the Defendant contends that:
(1) when the trial court instructed the jury on sexual battery by an authority figure as a
lesser-included offense to Count 1, rape, it constructively amended the indictment; (2) the
evidence is insufficient to sustain his conviction; (3) the State improperly failed to elect
specific facts to support his conviction; (4) the trial court erred when it allowed the State
to elicit testimony that the Defendant had referred to the victim and her friends as “sluts”;
and (5) the trial court erred when it did not allow the results of his polygraph test to be
admitted into evidence. After review, we affirm the trial court’s judgment.