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Posted by: Tanja Trezise on Oct 29, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen M. Wallace, District Public Defender; and Steven D. Bagby, Assistant District Public Defender, Blountsville, for the appellant, Eric Parker.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; Barry P. Staubus, District Attorney General; and Kaylin Render, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Eric Parker, was convicted after a jury trial of aggravated domestic assault by reckless conduct, a Class D felony, and he was sentenced by the trial court to four years’ imprisonment. On appeal, the defendant asserts that: (1) the evidence was insufficient to support the verdict; (2) the proof at trial constituted a variance from or constructive amendment to the indictment; (3) the trial court erred in denying his motions related to a continuance to allow for expert testimony; (4) the trial court erred in not giving a corrective instruction regarding improper prosecutorial argument; (5) the trial court erred in admitting certain evidence at sentencing; and (6) the trial court misapplied enhancement and mitigating factors and improperly refused alternative sentencing. After a thorough review of the record, we discern no error and affirm the trial court’s judgment.