State of Tennessee v. Samuel Enrique Mendez

The Defendant, Samuel Enrique Mendez, was indicted on two counts of aggravated sexual battery, a Class B felony; and five counts of rape of a child, a Class A felony. See Tenn. Code Ann. §§ 39-13-504, -522. Prior to trial, the State dismissed one of the aggravated sexual battery counts and three of the rape of a child counts. At the close of the State’s proof, the State requested that the remaining aggravated sexual battery count also be dismissed. The jury then convicted the Defendant of the remaining two counts of rape of a child, and the trial court imposed a total effective sentence of fifty-four years. On appeal, the Defendant contends that the trial court erred in allowing a defense character witness to be cross-examined about a specific instance of the Defendant’s conduct. Following our review, we conclude that the trial court did not comply with the requirements of Tennessee Rule of Evidence 405 in allowing the witness to be cross examined about the specific instance of the Defendant’s conduct, and that the error was not harmless. Accordingly, we reverse the judgments of the trial court and remand the case for a new trial.