State of Tennessee v. Michael Cammon

The appellant, Michael Cammon, was convicted in a jury trial of robbery, aggravated assault and possession of over 300 grams of cocaine with the intent to sell or deliver. He was also convicted of felony possession of a weapon. For these offenses the appellant received sentences of three years, three years, twenty-two years, and two years, respectively. All sentences were set to run concurrently with each other, but consecutively to any previous sentences the appellant might have to serve. In this appeal he raises three issues for our consideration. First, he claims the evidence is insufficient to corroborate the testimony of his accomplice. Secondly, he alleges that the trial court erred in failing to instruct the jury with respect to the amount of controlled substance required for the offense charged. Finally, the appellant complains that the trial court erred in failing to instruct the jury on the lesser-included offense of simple assault. We find no reversible error with respect to the narcotics offense or with respect to the conviction for aggravated robbery. Those convictions are affirmed. However, we must reverse the conviction for aggravated assault and remand this case for a new trial.