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Posted by: Tanja Trezise on Mar 9, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

G. Jeff Cherry (at sentencing and on appeal), Comer L. Donnell, District Public Defender; Thomas H. Bilbrey and Joe McLerran (at trial), Assistant District Public Defenders, Lebanon, Tennessee; for the appellant, Brian Allen Osborne.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Tom P. Thompson, District Attorney General; and Justin Harris, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

In October 2011, the Macon County Grand Jury indicted Brian Allen Osborne (“the Defendant”) for aggravated arson, a Class A felony. Following a jury trial, the Defendant was convicted as charged and sentenced to 20 years in the Department of Correction. In this direct appeal, the Defendant contends: (1) the trial court erred by ruling that proffered testimony from a defense witness was inadmissible hearsay; (2) the trial court provided misleading and prejudicial jury instructions on the defense of intoxication; (3) the trial court erroneously instructed the jury that aggravated arson was both a result-of-conduct and natureof- conduct offense; (4) the evidence was insufficient to sustain his conviction; and (5) the trial court erred in its application of enhancement and mitigating factors, resulting in an unjust and improper sentence. Upon review, we affirm the judgment of the trial court.