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State v. Nelson

Court of Criminal Appeals of Tennessee, Knoxville

November 30, 2017

STATE OF TENNESSEE
v.
MARSHALL SHAWN NELSON

          Assigned on Briefs November 28, 2017

         Appeal from the Criminal Court for Knox County No. 109036, 108292 G. Scott Green, Judge.

         The 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 court's judgment.

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

          J. 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 Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and J. Ross Dyer, J., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE.

         I. Facts

         A Knox 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 ...

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