State of Tennessee v. Ashunti Elmore

The defendant was convicted of two counts of reckless aggravated assault, Class D felonies, and sentenced to serve two concurrent three-year terms, split six months in confinement with the balance to be served on probation. On appeal, she contends that the evidence was insufficient to support her convictions, that double jeopardy prevented her dual convictions, and that the trial court erred in denying her judicial diversion. After careful review, we conclude that sufficient evidence exists to support her convictions, that double jeopardy requires her two convictions be merged and that the trial court did not abuse his discretion in denying judicial diversion. The defendant’s convictions and sentence of three years with six months served in confinement and the balance on probation are affirmed This case is remanded to the trial court solely for purposes of entering a single corrected judgment.