State of Tennessee v. Josh Andrew Danoff

Defendant, Josh A. Danoff, was indicted by the Montgomery County Grand Jury for contributing to the delinquency of a minor, aggravated statutory rape, and three counts of rape based upon alternative theories of the same offense. Upon motion of the State, the trial court dismissed one count of rape prior to trial. Defendant was convicted by a jury of the remaining counts as charged. The trial court sentenced Defendant to serve three years for his aggravated statutory rape conviction, eight years for each rape conviction, and 11 months and 29 days for his contributing to the delinquency of a minor. The trial court merged the rape convictions and aggravated statutory rape conviction into one conviction of rape and ordered Defendant’s sentences to be served concurrently, for a total effective sentence of eight years. In this appeal as of right, Defendant contends that the evidence was insufficient to sustain his convictions; that the trial court committed plain error by allowing hearsay testimony; and that the trial court erred by failing to grant probation or split confinement. Having reviewed the entire record and the briefs of the parties, we find no error and affirm the judgments of the trial court.