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Posted by: Tanja Trezise on Feb 26, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Samuel J. Harris (at trial) and Seth B. Pinson (at motion for a new trial and on appeal), Cookeville, Tennessee, for the appellant, Jeffrey Scott Tucker.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Bryant C. Dunaway, District Attorney General; and Stephanie Johnson and Beth Willis, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Jeffrey Scott Tucker, was convicted after a jury trial of assault, a Class A misdemeanor; assault of a law enforcement officer, a Class A misdemeanor; domestic assault, a Class A misdemeanor; and resisting arrest, a Class B misdemeanor. The defendant challenges the sufficiency of the evidence for the domestic assault conviction, contending that the testimony did not establish that the victim was in fear. The simple assault conviction, which the parties agreed would merge with the domestic assault conviction, was dismissed by the trial court after the jury returned a verdict. The defendant asserts that allowing the jury to consider the simple assault charge was error that affected his other convictions. We conclude that the evidence is sufficient to sustain the verdicts. We further conclude that the jury properly considered the simple assault charge. We affirm the judgment of the trial court.