Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs December 20, 2016
from the Criminal Court for Greene County No. 15CR003 John F.
Dugger, Jr., Judge
Francisco G. Parvin, was indicted by the Greene County Grand
Jury for aggravated assault resulting in serious bodily
injury in Count 1 and aggravated assault by the use of a
deadly weapon in Count 2. Following a jury trial, Defendant
was convicted in Count 2 of the lesser-included offense of
assault and sentenced to 11 months and 29 days, with 120 days
to be served in jail and the remainder to be suspended on
probation. The record does not contain a judgment form in
Count 1, but the record indicates that only Count 2 was
submitted for trial. Presumably, Count 1 was dismissed. The
offenses in both counts were against the same victim. In this
appeal as of right, Defendant contends that the evidence was
insufficient to support his conviction in Count 2. After a
careful review of the entire record and the parties'
briefs, we conclude that the evidence was sufficient to
sustain Defendant's conviction. Accordingly, we affirm
the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Francis X. Santore, Jr., Greeneville, Tennessee, for the
appellant, Francisco G. Parvin.
Herbert H. Slatery III, Attorney General and Reporter;
Courtney N. Orr, Assistant Attorney General; Dan E.
Armstrong, District Attorney General; and J. Chalmers
Thompson, Assistant District Attorney General, for the
appellee, State of Tennessee.
T. Woodall, P.J., delivered the opinion of the court, in
which James Curwood Witt, Jr. and John Everett Williams, JJ.,
T. WOODALL, PRESIDING JUDGE.
was charged with the stabbing of his mother's boyfriend,
Derrick Groff. Defendant's mother, Trixie Lane, testified
that Groff, Defendant, Ms. Lane's sister, Leoma Gregg,
her husband, Scott Gregg, and their daughter, Haley Gregg,
were all living in Ms. Lane's apartment. On November 21,
2014, Ms. Lane and Groff went to the grocery store. When they
returned, Ms. Lane followed Groff into the bedroom, where
Groff opened a bottle of pills, counted them, and claimed
that six pills were missing. Groff said he "want[ed] to
know which MF in there took [his] medicine." Ms. Lane
tried to calm Groff. She heard Groff go into the kitchen and
ask, "[W]hich one of you MF's took my pills, I know
which one, I know somebody in here did it." Ms. Lane
listened from the bedroom, and "it sounded like . . .,
[Groff] was going around the table accusing everybody and
threatening people because he wanted to know who took his
pills and he was so sure that somebody in that room or in
there took his medicine." She testified that Groff was
Lane heard Defendant tell Groff to leave, and she heard
"a noise like a bump or something." She went into
the kitchen and saw Groff pull Defendant up by his shirt and
"thr[o]w him against the wall." Groff said,
"[H]e took my medicine, I know he did." Ms. Lane
told Groff that she did not believe Defendant would take his
medicine. She "was trying to make him stop." Ms.
Lane testified that Defendant's "face turned like
pale white, like he couldn't breathe and he was gasping
for air." Groff is taller than Defendant, and Defendant
was unable to push Groff away. Groff then chased Defendant
around the kitchen and shoved him into the cabinets. Groff
picked up a fan, threw it at Defendant and was "banging
him in the head with it." Ms. Lane told Groff to stop,
and Groff grabbed her around the waist and pushed her. Ms.
Lane testified that Defendant's face was red, but she did
not see any bleeding or bruises. She testified that Defendant
looked scared. Groff began "beating [Defendant] with the
fan again" and grabbed Defendant by the throat.
Defendant then stabbed Groff in the shoulder with a knife.
Ms. Lane testified that Defendant also stabbed Groff
"around his head area." Ms. Lane called the police.
She gave the following statement to police:
Me and [Groff] was [sic] coming home from the store. I was
putting groceries away, when [Groff] called me in the
bedroom[.] [H]e thought someone got into his bottle of
He counted [them, and] six were missing. He got very upset
[and went] into the kitchen [where] my brother[-]in[-]law and
son, his friend were sitting, asked them if any of them took
his pills. They denied it.
[Groff] was ac[c]using them of being th[ie]ves and calling
them names. I was trying to tell everyone to stop yelling and
calm down. They wouldn't listen to me and wouldn't
stop[.] [M]y son [Defendant] told [Groff] to leave ...