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Posted by: Amelia Ferrell Knisely on Mar 30, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Mart S. Cizek, Clinton, Tennessee, for the Defendant-Appellant, David William Lowery.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy E. Wilber, Senior Counsel; David S. Clark, District Attorney General; Sandra N. C. Donaghy, Assistant Attorney General (at trial); and Anthony J. Craighead, Assistant District Attorney General (at sentencing and motion for new trial), for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

An Anderson County jury convicted the Defendant-Appellant, David William Lowery, as charged of three counts of aggravated child abuse. See T.C.A. § 39-15-402(a)(1) (Supp. 2007). The trial court imposed concurrent twenty-five-year sentences with a release eligibility of one hundred percent for each count. See id. § 40-35-501(i) (Supp. 2008). Lowery?s sole issue on appeal is that the evidence is insufficient to sustain his convictions. Upon review, we affirm Lowery?s convictions but remand the case for entry of corrected judgments in counts 1, 2, and 3 to reflect that he was charged with and convicted of three counts of aggravated child abuse and that these convictions are Class A felonies.