All Content

Posted by: Landry Butler on Nov 14, 2016

Head Comment: With Concurring Opinion by Ogle

Court: TN Court of Criminal Appeals

Attorneys 1:

Dawn Deaner, District Public Defender; Jeffrey A. DeVasher (on appeal), Emma Rae Tennent (on appeal), Jonathan Wing (at trial), and Ellen Forrester (at trial), Assistant Public Defenders, for the appellant, Antonio Terrell Pewitte.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Brian Holmgren (at trial) and Katie Miller (at sentencing), Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Antonio Terrell Pewitte, was convicted of aggravated child neglect and received a sentence of twenty years. Defendant raises the following issues in his direct appeal: (1) whether the trial court erred by failing to require the State to make an election of offenses; (2) whether the evidence is sufficient to support his conviction; (3) whether the trial court abused its discretion by admitting multiple photographs of the victim's injuries; (4) whether the trial court erred by admitting hearsay testimony; (5) whether the trial court abused its discretion by not granting a mistrial based on prosecutorial misconduct during closing argument; and (6) whether the trial court abused its discretion during sentencing. Following a careful review of the record, the judgment of the trial court is affirmed.