State of Tennessee v. Jose Dimas Alvarado

Syllabus

The Defendant, Jose Dimas Alvarado, appeals as of right from his conviction for aggravated sexual battery. See Tenn. Code Ann.§ 39-13-504. The Defendant argues (1) that the trial court erred in admitting the victim's forensic interview as substantive evidence (2) that the trial court erred in allowing the State to present evidence and argument that the Defendant had characteristics typical of perpetrators of child sexual abuse (3) that the trial court erred in allowing the prosecutor to make improper statements during closing argument that referenced facts outside the record and shifted the burden of proof to the Defendant (4) that the trial court erred in instructing the jury on aggravated sexual battery as a lesser-included offense of rape of a child and (5) that the trial court imposed an excessive sentence. Following our review, we affirm the judgment of the trial court.