State of Tennessee v. Christopher Scott Montella

The Defendant, Christopher Scott Montella, was convicted by a Marshall County Circuit Court jury of aggravated sexual battery, a Class B felony.  See T.C.A. § 39-13-504 (2018).  He received a sentence of eleven years.  On appeal, the Defendantcontends that (1) the evidence was insufficient to support the Defendant’s conviction, (2) the trial court erred by denying the Defendant’s motion to sever, (3) the trial court erred by denying the Defendant’s motion to suppress evidence obtained during a search, (4) the Defendant suffered a violation of Brady v. Maryland 373 U.S. 83 (1963) when the State failed to inform the Defendant the victim’s trial testimony would be different than the victim’s previous testimony, (5) the trial court erred by denying the Defendant’s motion for a mistrial based on juror misconduct, and (6) the trial court erred by sentencing the Defendant to eleven years.  We conclude that the trial court erred by denying the Defendant’s motion to sever; however, the error was harmless.  We reverse the Defendant’s conviction based on juror misconduct and remand the case for a new trial.