State of Tennessee v. Jeremie Scott Modine

Syllabus

A Maury County jury convicted Defendant, Jeremie Scott Modine, of one count of rape, one count of domestic assault, three counts of violating a no-contact order, and two counts of violating a protective order. Defendant argues on appeal that (1) the trial court committed plain error in constructively amending the indictment to charge rape by lack of consent, and (2) that the trial court erred in denying alternative sentencing. After careful consideration, we hold that the trial court committed plain error in constructively amending the indictment by instructing the jury on a mode of liability not charged in the indictment. The trial court did not abuse its discretion in denying alternative sentencing. We therefore vacate Defendant's rape conviction and remand this matter for a new trial on that count of the indictment as well as correction of judgment forms as outlined in this opinion.