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Posted by: Landry Butler on Nov 29, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Christopher G. Clark and Zachary L. Talbot (on appeal), Clarksville, Tennessee; and Michael J. Flanagan (at trial), Nashville, Tennessee, for the appellant, Nicole Pamblanco.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; John W. Carney, District Attorney General; and Kimberly S. Lund, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

Following a jury trial, the Defendant, Nicole Pamblanco, was convicted of aggravated child neglect and criminally negligent homicide. She now appeals as of right, challenging (1) the sufficiency of the evidence by claiming that the State failed to establish the requisite mental state of knowing for her aggravated child neglect conviction and (2) the trial court's erroneous instruction to the jury during voir dire that, if she were found guilty on both counts, those counts would merge. Following our review, we conclude that the evidence was sufficient to support her aggravated child neglect conviction and that the jury instruction error was harmless. Therefore, the trial court's judgments are affirmed.