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Posted by: Landry Butler on Jul 14, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Lance R. Chism (on appeal) and John L. Dolan (at trial), Memphis, Tennessee, for the appellant, Dewayne Jones.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Kenya N. Smith and Carrie Shelton Bush, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): GLENN

The Defendant, Dwayne Jones, was convicted by a Shelby County Criminal Court jury of aggravated assault, a Class C felony, and was sentenced by the trial court as a Range I, standard offender to five years of incarceration. The trial court also imposed the $7000 fine assessed by the jury. The Defendant raises three issues on appeal: whether the trial court lacked subject-matter jurisdiction due to the Defendant’s pending petition to remove the case to federal court, pursuant to 28 U.S.C. § 1443; whether the evidence is sufficient to sustain his conviction because the proof did not show that the victim suffered serious bodily injury; and whether the trial court erred in imposing the $7000 fine without making any specific findings of fact regarding the Defendant’s financial circumstances and ability to pay. Following our review, we affirm the judgment of the trial court.