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Posted by: Tanja Trezise on Feb 19, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Roger E. Nell, Shelby Stack Silvey, and Michael Tyler Howard (on appeal) and Charles S. Bloodworth, Sr. (at trial), Clarksville, Tennessee, for the appellant, James Antonio Bagwell.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and John Finklea, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Montgomery County Circuit Court Jury convicted the appellant, James Antonio Bagwell, of two counts of attempted second degree murder, a Class B felony; two counts of aggravated assault while acting in concert with two or more other persons, a Class B felony; and one count of reckless endangerment by discharging a firearm into a habitation, a Class C felony. After a sentencing hearing, the appellant received concurrent sentences of ten years for each Class B felony conviction and five years for the Class C felony conviction for a total effective sentence of ten years. On appeal, the appellant contends that the evidence is insufficient to support the convictions; that the trial court committed plain error by failing to require that the State elect facts to support the attempted murder and aggravated assault charges; and that his effective sentence is excessive and should be served in an alternative to confinement. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.