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Posted by: Landry Butler on Mar 29, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Dawn Deaner, District Public Defender, and Emma Rae Tennent (on appeal) and Jonathan Wing and Kathryn Hansel (at trial), Assistant District Public Defenders, for the appellant, Mattie Florence Sweeney.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Glenn R. Funk, District Attorney General; and Jude Santana, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Mattie Florence Sweeney, was found guilty of gross neglect of an impaired adult as charged in Count One and guilty of neglect of an impaired adult in Count Two. The trial court merged the two convictions into a single conviction for gross neglect of an impaired adult, and sentenced Defendant to a term of five years “to serve.” After the denial of a motion for new trial, Defendant initiated this appeal. On appeal, Defendant argues: (1) the trial court committed plain error by constructively amending the indictment during the jury charge; (2) the trial court erred by admitting testimony about the victim’s driver’s license record; (3) the trial court erred by admitting lay testimony about the victim’s cough and the condition of his skin; (4) the trial court erred by admitting a photograph of the victim’s buttocks into evidence; and (5) the evidence was insufficient to support the convictions. After a review, we affirm the judgments of the trial court.