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Posted by: Tanja Trezise on Oct 29, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael L. Acuff, Chattanooga, Tennessee, for the appellant, Jamayl Stoudemire.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; William H. Cox, District Attorney General; and Cameron Williams, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendant, Jamayl Stoudemire, was charged by indictment with three counts of attempted first degree premeditated murder (Counts One through Three), three counts of aggravated assault (Counts Four through Six), and employing a firearm during the commission of a dangerous felony (Count Seven). Defendant entered a best interest plea of guilty to three counts of aggravated assault, a Class C felony, as charged in Counts Four, Five, and Six. The remaining counts of the indictment were dismissed. The parties agreed that the three counts would run concurrently with the trial court to determine length and manner of service. At the sentencing hearing, the trial court sentenced Defendant to five years for each conviction of aggravated assault to be served concurrently in the Department of Correction as a Range I offender. The trial court also denied Defendant’s request to be placed on judicial diversion. Defendant raises two issues on appeal. He argues that his five-year sentence is excessive and that the trial court should have ordered judicial diversion. After a thorough review of the record and the parties’ briefs, we affirm the judgments of the trial court.