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Posted by: Chandra Williams on Dec 22, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Phyllis Aluko (on appeal) and Nigel Lewis (at trial), Memphis, Tennessee, for the appellant, Antwon Thomas.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Carla Taylor, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Shelby County Criminal Court Jury convicted the appellant, Antwon Thomas, of assault by bodily injury and domestic assault, Class A misdemeanors. The trial court sentenced the appellant to eleven months, twenty-nine days for each conviction to be served as two years on probation and merged the convictions. On appeal, the appellant contends that the trial court committed plain error by failing to admit the entire recording of the victim’s 911 call into evidence, that the evidence is insufficient to support the convictions, that the trial court committed plain error by making improper comments on the evidence, that the trial court committed plain error by refusing to allow him to sit at counsel’s table, and that the trial court committed various sentencing errors, including rendering him infamous. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court but remand the case to correct a clerical error in the judgment for count three rendering the appellant infamous.