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Posted by: Tanja Trezise on Feb 6, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Vanessa P. Bryan, District Public Defender and Susan V. Logan, Assistant Public Defender for the appellant, John Nolan Sunde.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Kim R. Helper, District Attorney General, and Tammy J. Rettig, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, John Nolan Sunde, was indicted by the Williamson County Grand Jury for aggravated assault and domestic assault. After a jury trial, Appellant was convicted of both charges. The trial court merged the convictions into a single conviction for aggravated assault and sentenced Appellant to three years in incarceration. The trial court suspended the sentence “on time served” and ordered Appellant to attend an anger management class and ordered him to have no contact with the victim. Appellant’s motion for new trial was denied, and he initiated this appeal. On appeal, he argues: (1) that the evidence was insufficient to support his conviction because the State failed to prove serious bodily injury; (2) the trial court erred in admitting multiple photographs of the victim; and (3) the trial court erred in sentencing Appellant to anger management class. After a review of the record, we conclude that the evidence is sufficient to support the jury’s finding that the victim suffered serious bodily injury to sustain the conviction for aggravated assault; the trial court did not abuse its discretion in admitting photographs of the victim’s injuries at trial; and the trial court properly ordered anger management classes as a condition of probation. Accordingly, the judgment of the trial court is affirmed.