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Posted by: Barry Kolar on Apr 29, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Guy T. Wilkinson, District Public Defender; and Billy R. Roe, Jr., Assistant Public Defender, (on appeal), and Joe L. Brown, Savannah, Tennessee, (at trial), for the appellant, James Strong Powell.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Jerry Woodall, District Attorney General; and Jody Pickens, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendant, James Strong Powell, an attorney, was indicted for aggravated perjury. Defendant was convicted as charged by a jury and sentenced by the trial court to serve two years, seven months, and nine days in confinement as a Range I standard offender. Defendant now appeals his conviction and sentence. Defendant asserts that the trial court erred by: 1) allowing the trial judge, who presided over the hearing at which Defendant was alleged to have perjured himself, to testify at trial beyond the scope of the trial judge’s expertise; and 2) denying Defendant’s request for a sentence of full probation. After a careful review of the record, we affirm the judgment of the trial court.