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Posted by: Stacey Shrader Joslin on Apr 1, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Daniel J. Taylor, Jackson, Tennessee, for the Defendant-Appellant, Michael Anthony Foster.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Senior Counsel; James G. Woodall, District Attorney General; and Rolf Hazlehurst, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, Michael Anthony Foster, was convicted by a Madison County Circuit Court jury of reckless endangerment and aggravated assault. The trial court merged the reckless endangerment conviction with the aggravated assault conviction and sentenced Foster to eight years in the Tennessee Department of Correction. On appeal, Foster argues that the evidence is insufficient to sustain his conviction for aggravated assault and that the trial court erred in denying alternative sentencing. Upon review, we affirm the judgment of the trial court but remand for entry of a corrected judgment showing that Foster was charged with and convicted of aggravated assault pursuant to Tennessee Code Annotated section 39- 13-102(a)(1)(A)(iii), which is a Class C felony.