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Posted by: Stacey Shrader Joslin on Dec 11, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Steven B. Ward, Madisonville, Tennessee, for the Appellant, Janice Kirkland.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner and John H. Bledsoe, Assistant Attorneys General; Mike Flynn, District Attorney General; and Betsy Smith, Assistant District Attorney General, for the Appellee, the State of Tennessee.

Judge(s): JONES

A Blount County jury found the Appellant guilty of two counts of assault against an unacquainted homeowner. On appeal, the Appellant contends that the trial court erred by subjecting her to double jeopardy in convicting her of two counts of assault rather than one. She also challenges the sufficiency of the evidence to sustain the convictions. Because we find that the two convictions are based on separate offenses under applicable law, and because a rational jury could find the Appellant guilty based on the evidence presented, we affirm the judgments of the trial court.