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Posted by: Tanja Trezise on Dec 14, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Arthur Horne (at trial) and Joseph A. McClusky (on appeal), Memphis, Tennessee, for the appellant, Ashunti Elmore.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Robert Ratton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant was convicted of two counts of reckless aggravated assault, Class D felonies, and sentenced to serve two concurrent three-year terms, split six months in confinement with the balance to be served on probation. On appeal, she contends that the evidence was insufficient to support her convictions, that double jeopardy prevented her dual convictions, and that the trial court erred in denying her judicial diversion. After careful review, we conclude that sufficient evidence exists to support her convictions, that double jeopardy requires her two convictions be merged and that the trial court did not abuse his discretion in denying judicial diversion. The defendant’s convictions and sentence of three years with six months served in confinement and the balance on probation are affirmed This case is remanded to the trial court solely for purposes of entering a single corrected judgment.