Preview:

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
Assigned on Briefs August 26, 2009

STATE OF TENNESSEE v. JOHN LEE SHIELDS
A ppeal from the C riminal C ourt for Bradley County
N o. 07-461 A m y A. Reedy, Judge

N o. E2008-02786-C C A -R 3-CD -Filed April 6, 2010
The D efendant, John Lee Shields, pled guilty to one count of reckless aggravated assault, a Class D felony, w ith sentencing left to the determination of the trial court. Follow ing a sentencing hearing, the trial court sentenced the Defendant to two years suspended to probation after the service of ten months incarceration in the county jail. In this appeal as of right, the D efendant contends that the trial court erred in sentencing him to split confinement. Follow ing our review, we affirm the judgment of the trial court as modified by this opinion.

Tenn. R . A pp. P. 3 Appeal as of Right; Judgm ent of the C rim inal C ourt is Affirmed as M odified.
D . K ELLY THOMAS, JR., J., delivered the opinion of the court, in w hich JOSEPH M . TIPTON, P.J., and CAMILLE R. M CMULLEN, J., joined.
K enneth Lee M iller, Cleveland, Tennessee, attorney for appellant, John Lee Shields.
R obert E. Cooper, Jr., Attorney G eneral and Reporter; Deshea Dulany Faughn, A ssistant A ttorney G eneral; R. Steven Bebb, D istrict A ttorney G eneral; and Stephen Hatchett, A ssistant District Attorney General, attorneys for appellee, State of Tennessee.


O PINIO N
The record reveals that the Defendant was initially indicted in case number 07-157 for the aggravated assault of D anny Spurgeon. Although the guilty plea submission transcript is not included in the record on appeal, the presentence report and sentencing hearing transcript reflect that on August 18, 2006, the Defendant and a codefendant, Jesse Galindo, assaulted the victim in a bar restroom after the victim said som ething

Download State%20v%20John%20Lee%20Shields.pdf

Tennessee Law