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Posted by: Landry Butler on Feb 21, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen C. Bush, District Public Defender; Tony N. Brayton (on appeal) and Robert C. Felkner (at trial), Assistant District Public Defenders, for the appellant, Doyan Anderson.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Zachary T. Hinkle, Assistant Attorney General; Amy P. Weirich, District Attorney General; Jamie Bowers Kidd and Danielle Marie McCollum, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Doyan Anderson, was indicted for aggravated assault involving the use or display of a deadly weapon, a Class C felony; aggravated assault based on violation of a court order, a Class C felony; domestic assault, a Class A misdemeanor; and unlawful possession of a firearm after having been convicted of a felony involving the use or attempted use of violence, a Class C felony. See Tenn. Code Ann. §§ 39-13- 102(a)(1)(A)(iii), -13-102(c), -13-111, -17-1307. Following a jury trial, the Defendant was convicted of domestic assault and both counts of aggravated assault. The jury acquitted the Defendant of the unlawful possession of a firearm charge. The trial court merged the domestic assault conviction into the aggravated assault conviction based on violation of a court order. The trial court sentenced the Defendant as a career offender and imposed a total effective sentence of thirty years' incarceration. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for aggravated assault involving the use or display of a deadly weapon and (2) that the trial court committed plain error by failing to require the State to make an election of the distinct conduct it was relying upon regarding the charge of aggravated assault based on violation of a court order. Following our review, we affirm the Defendant's convictions. However, we merge the Defendant's two convictions for aggravated assault and remand the case to the trial court for entry of corrected judgment forms reflecting said merger and the resulting sentence of fifteen years' incarceration.