State of Tennessee v. Richard Burton

The defendant, Richard Burton, was convicted of one count of introducing contraband into a penal institution. On appeal, he argues that he was erroneously convicted of an offense for which he was not indicted. In addition, the defendant argues that the trial court’s interpretation of the statute resulted in a duplicitous indictment and the trial court’s jury charge prevented a unanimous jury verdict. Following our review of the parties’ briefs, the record, and the applicable law, we reverse the judgment of the trial court, vacate the conviction and dismiss the charges against the defendant.