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State v. Parvin

Court of Criminal Appeals of Tennessee, Knoxville

August 10, 2017

STATE OF TENNESSEE
v.
FRANCISCO G. PARVIN

          Assigned on Briefs December 20, 2016

         Appeal from the Criminal Court for Greene County No. 15CR003 John F. Dugger, Jr., Judge

         Defendant, 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.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          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.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which James Curwood Witt, Jr. and John Everett Williams, JJ., joined.

          OPINION.

          THOMAS T. WOODALL, PRESIDING JUDGE.

         Facts

         Defendant 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 "being irrational."

         Ms. 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 medication.
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 ...

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