State of Tennessee v. Jason O. Miller

Syllabus

A Madison County jury convicted the defendant, Jason O. Miller, of aggravated assaultand domestic assault, for which he received an effective sentence of eight years inconfinement to be served at 100%. On appeal, the defendant challenges the sufficiency ofthe evidence supporting his conviction for aggravated assault. The State concedes that theevidence is insufficient to support the defendant's conviction. Upon review, we concludethere 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 thejudgment for aggravated assault, modify the conviction to assault, and remand for a newsentencing hearing and entry of an amended judgment.