STATE OF TENNESSEE v. JONATHAN MAINE LOWE

Syllabus

The Defendant, Jonathan Maine Lowe, appeals his convictions for five counts ofaggravated sexual battery, one count of rape of a child, one count of rape, two counts ofincest, and two counts of child abuse or neglect, for which he received an effectiveeighty-year sentence in confinement. On appeal, he argues that the trial court erred by: (1)denying his motion to suppress statements made at the Department of Children's Services(\DCS\) office because such statements were elicited pursuant to a custodial interrogationprior to his being given Miranda warnings; (2) improperly commenting on the evidence byincorporating the State's bill of particulars into its jury instructions as part of the State'selection of offenses; and (3) relative to his convictions for child abuse or neglect, providingan incorrect statement of law by giving a jury instruction for \child neglect\ rather than for\child abuse.\ Additionally, the Defendant contends that the evidence is insufficient tosupport his convictions for child abuse, or in the alternative, child neglect. After review,we affirm.