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IN THE SUPREME COURT OF TENNESSEE AT JACKSON

FILED
) ) Appellant, ) ) vs. ) ) MARIO LAMONT WILSON, ) ) Appellee. ) ) STATE OF TENNESSEE, FOR PUBLICATION
June 3, 1996

Filed: JuneCecil Crowson, Jr. 3, 1996
Appellate C ourt Clerk

Madison County Hon. J. Franklin Murchison, Judge No. 02S01-9505-CC-00045

For the Appellee: Hughie Ragan Jackson, TN

For the Appellant: Charles W. Burson Attorney General & Reporter Michael E. Moore Solicitor General Michael W. Catalano Associate Solicitor General Nashville, TN James G. Woodall District Attorney General Donald H. Allen Asst. District Attorney General Jackson, TN

O P I N I ON

COURT OF CRIMINAL APPEALS AFFIRMED

White, J.

A jury convicted defendant, Mario Lamont Wilson, of three counts of aggravated assault and of felony reckless endangerment and possession of a deadly weapon with the intent to commit a felony. The Court of Criminal Appeals affirmed Wilson's felony reckless endangerment conviction and sentence, but reversed and dismissed the convictions for aggravated assault and possession of a deadly weapon. We granted permission to appeal to consider whether the Court of Criminal Appeals erred when it dismissed Wilson's convictions for aggravated assault.1 Although we conclude that Wilson's convictions for aggravated assault may not stand, we do not adopt entirely the reasoning of the Court of Criminal Appeals. Rather, we affirm the dismissal of the aggravated assault charges because the evidence is insufficient to prove that Wilson intentionally and knowingly caused another to reasonably fear imminent bodily injury.

An aggravated assault conviction requires proof beyond a reasonable doubt that an accused committed an assault as defined in Tennessee Code Annotated Section 39-13-1012 and either (a) intentionally, knowingly, or recklessly caused serious bodily injury to another or (b) used or displayed a deadly weapon. Tenn. Code Ann.

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