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Posted by: Amelia Ferrell Knisely on Jan 6, 2016

Head Comment: With dissenting opinion. NOTE: Orginial opinion ran on Jan. 6. Dissent is included today.

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael G. Hatmaker, Jacksboro, Tennessee, for the appellant, Rodney Stephens.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; William Paul Phillips, District Attorney General; Leif E. Jeffers, Assistant District Attorney General, for the appellee, State of Tennessee.


The Defendant, Rodney Stephens, was convicted by a Campbell County Criminal Court jury of aggravated stalking. T.C.A. § 39-17-315(c)(1)(E) (2010) (amended 2012). The court sentenced the Defendant to three years, with sixty days? confinement and the remainder to be served on probation. On appeal, the Defendant contends that (1) the trial court erred in allowing the trial to proceed despite the absence of a police officer and (2) the evidence is insufficient to support the conviction. We modify the judgment of conviction for aggravated stalking to one for misdemeanor stalking, and we remand the case for sentencing and entry of a judgment of conviction for misdemeanor stalking.