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Posted by: Amelia Ferrell Knisely on Jan 29, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael Thorne, Lexington, Tennessee, (on appeal), and John S. Colley, Columbia, Tennessee, (at trial), for the Appellant, John N. Moffitt.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; James E. Gaylord, Assistant Attorney General; and James G. Woodall, District Attorney General; and Angela R. Scott, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, John N. Moffitt, was convicted of reckless aggravated assault and sentenced to four years? incarceration to be served at 30 percent release eligibility. Defendant was also ordered to pay restitution and a $2,500 fine. On appeal, Defendant asserts that the evidence was insufficient to support his conviction; that the trial court erred by failing to instruct the jury that his conduct must have caused serious bodily injury; that the evidence was insufficient to support the trial court?s order of restitution; and that the trial court erred by imposing the maximum sentence within the applicable range. Having carefully reviewed the record before us, we affirm Defendant?s conviction and sentence. However, we reduce the amount of restitution and remand this case to the trial court to determine Defendant?s ability to pay restitution.