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Posted by: Tanja Trezise on Mar 1, 2012

Court: TN Court of Criminal Appeals

Attorneys 1: William P. Holloway (on appeal) and Sandra Wells (at trial), Franklin, Tennessee for the appellant, Jeffery Wade Osborne.

Attorneys 2: Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Kim R. Helper, District Attorney General, and Kate Yeager and Rachel Stutts, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

A Williamson County jury convicted the defendant, Jeffery Wade Osborne, of aggravated assault. Following his conviction, the trial court sentenced the defendant to thirteen years as a Range III, persistent offender. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction. The State concedes that the evidence is insufficient to support the defendant’s conviction. Upon review, we conclude that the evidence is insufficient to support a conviction for aggravated assault but is sufficient to support a conviction for the lesser included offense of assault. Therefore, we modify the conviction to assault and remand for a new sentencing hearing.