State of Tennessee v. Timothy Washington Lyons and Antonio Lamont Scales

A Davidson County Criminal Court jury convicted the defendants, Timothy Washington Lyons and Antonio Lamont Scales, of the attempted second degree murder of Teresa Crenshaw and the reckless aggravated assault of Quanita Robinson. The trial court sentenced each defendant to 22 years’ incarceration. In this appeal, both defendants challenge the sufficiency of the convicting evidence, the trial court’s failure to provide the “missing witness” instruction, and the propriety of the sentences imposed. Discerning no reversible error, we affirm the convictions. Because the trial court mistakenly believed it was imposing sentences for Class C felony aggravated assault rather than Class D felony aggravated assault, utilized improper enhancement factors, and imposed consecutive sentences without making required findings of fact, the sentences imposed are vacated, and the case is remanded for resentencing. In addition, new judgment forms for the aggravated assault convictions must be entered to reflect that the defendants were convicted of Class D felony aggravated assault.