State of Tennessee, Appellee v. William Shelton, Appellant

Summary

The court held that when evidence presents multiple sexual offenses against a victim, the prosecution must elect the specific offense for which it seeks conviction so the jury can reach a unanimous verdict. The trial court's substitute instruction was inadequate; the resulting error was harmless for the aggravated-rape conviction because the proof identified one distinct incident, but it required reversal of one aggravated-sexual-battery conviction and dismissal of another conviction for legally insufficient evidence. The opinion's final decretal language states that one count was dismissed with prejudice, one was remanded for further proceedings, and one was affirmed.