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Posted by: Tanja Trezise on Apr 29, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Howell G. Clements (on appeal and at trial) and Paul D. Cross (at trial), Monteagle, Tennessee, for the appellant, Jeffery Newton.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Senior Counsel; J. Michael Taylor, District Attorney General; and David McGovern, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Jeffery Newton, was convicted by a Marion County Circuit Court jury of attempt to commit aggravated assault, a Class D felony. See T.C.A. § 39-13-102 (2010). The trial court sentenced the Defendant as a Range I, standard offender to two years and nine months with thirty days to serve in confinement and the remainder to serve on probation. On appeal, he contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erroneously denied his motion to dismiss the indictment, (3) the trial court erred during jury instructions, and (4) his sentence is excessive. We affirm the judgment of the trial court.