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Posted by: Landry Butler on Oct 7, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen C. Bush, District Public Defender; Barry W. Kuhn (on appeal) and Trent Hall (at trial), Assistant Public Defenders, for the appellant, John Freitas.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; Omar Z. Malik and Jamie B. Kidd, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, John Freitas, was convicted by a Shelby County Criminal Court jury of assault and domestic assault, both Class A misdemeanors, and sentenced to consecutive terms of eleven months and twenty-nine days in the county workhouse. On appeal, he argues that: (1) the evidence is insufficient to sustain his convictions; (2) his convictions for assault and domestic assault violate double jeopardy; and (3) the trial court abused its discretion by imposing consecutive sentences. After review, we conclude that it violates double jeopardy for the defendant to receive punishments for assault and domestic assault. Therefore, we order that the defendant?s convictions stand but that amended judgments be entered showing that the simple assault conviction merges into the domestic assault conviction for imposition of one sentence.