Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs November 28, 2017
from the Criminal Court for Knox County No. 109036, 108292 G.
Scott Green, Judge.
Defendant, Marshall Shaw Nelson, pleaded guilty to aggravated
assault with an agreed sentence of six years with the trial
court to determine the manner of service. After a sentencing
hearing, the trial court denied an alternative sentence and
ordered the sentence to be served in confinement. On appeal,
the Defendant asserts that the trial court erred when it
denied him an alternative sentence. We affirm the trial
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Liddell Kirk, Knoxville, Tennessee, for the appellant,
Marshall Shawn Nelson.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Assistant Attorney General; Charme P. Allen,
District Attorney General; and Deborah H. Malone, Assistant
District Attorney General, for the appellee, State of
W. Wedemeyer, J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and J. Ross Dyer, J., joined.
W. WEDEMEYER, JUDGE.
County grand jury indicted the Defendant for aggravated
assault, domestic assault, and violation of an order of
protection. By agreement of the parties, the domestic assault
and violation of an order of protection charges were
dismissed and the Defendant agreed to plead guilty as a Range
I, Standard Offender, to aggravated assault, a Class C
felony, in exchange for a six-year sentence. At the
Defendant's guilty plea submission hearing, the State
provided the following factual basis to support the
acceptance of the plea:
Knoxville Police Officer Dan Roark [ ] responded to a
domestic disturbance call on December 22nd, 2015
at 3628 Sevierville Pike. What he found there was the victim,
[ ] under obvious . . . excitement . . . . When he went to
interview her, she had told Officer Roark that she had
planned on getting on a bus and leaving [the Defendant]. That
when [the Defendant] found this out he became angry. He
grabbed her by the arms and yelled at her that she had to do
what he said. He then shoved her down on the floor and onto
the couch, at which point in time he grabbed her arm and
dragged her across the carpet into the kitchen.
Officer Roark was able to observe what appeared to be a
carpet burn on the center of her back. Ms. Belinda Testerman
who was a friend of [the victim]'s had stopped by the
apartment at around eight p.m. While she was present she had
heard [the Defendant] say that [the victim] had to do what he
said. That his anger comes from the Lord, and that he had the
right to control [the victim]. He also told Ms. Testerman he
was afraid he was going to hurt [the victim].
Ms. Testerman stated that [the Defendant] openly admitted
that he has the right to slap [the victim]. [The victim] and
her daughter were visibly shaken according to Officer Roark
and afraid of [the Defendant].
[The Defendant] at the time was on probation for assaulting
[the victim], and one of the conditions of his probation was
that he was to ...