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Posted by: Barry Kolar on Jun 17, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Paul D. Cross, Monteagle, Tennessee, for the Appellant, Shannon Dixon.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; James Michael Taylor, District Attorney General; and David O. McGovern, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Shannon Dixon, was convicted by a Marion County Circuit Court jury of aggravated assault, a Class C felony, and was sentenced to five years, suspended to probation after service of twelve months of incarceration. On appeal, the defendant argues that the trial court erred in: (1) denying his request for a special jury instruction that a pellet gun was not a deadly weapon per se for purposes of the aggravated assault statute, and (2) not applying as a mitigating factor at sentencing that he acted under strong provocation. After review, we affirm the judgment of the trial court.