State of Tennessee v. Jason O. Miller

A Madison County jury convicted the defendant, Jason O. Miller, of aggravated assault
and domestic assault, for which he received an effective sentence of eight years in
confinement to be served at 100%. On appeal, the defendant challenges the sufficiency of
the evidence supporting his conviction for aggravated assault. The State concedes that the
evidence is insufficient to support the defendant’s conviction. Upon review, we conclude
there was insufficient evidence to sustain the defendant’s conviction for aggravated assault.
However, as there was sufficient evidence to sustain a conviction of assault, we reverse the
judgment for aggravated assault, modify the conviction to assault, and remand for a new
sentencing hearing and entry of an amended judgment.