State of Tennessee v. Tyrel J. Sidwell

Syllabus

Tyrel J. Sidwell, Defendant, was charged in a presentment with nine counts related to the physical assault of his wife, the victim, Bithiah Lufcy, and his actions after his initial arrest. The charges included aggravated assault, domestic assault, coercion of a witness, and six counts of violation of a no contact order. Prior to trial, the coercion of witness charge was severed and the State dismissed two of the counts of violating a no contact order. A jury acquitted Defendant of aggravated assault but found Defendant guilty of domestic assault and four counts of violation of a no contact order. Defendant was ultimately sentenced to 11 months and 29 days on each conviction with the sentences to run consecutively. The trial court denied probation on the sentences for Counts 2 and 4 and suspended the remainder of the sentences to probation. Defendant appeals, arguing that the evidence is insufficient to support the convictions for violation of a no contact order because he was in custody at the time of his alleged contact with the victim. Defendant also argues that the trial court erred in denying probation and ordering Defendant to serve consecutive sentences. Because the evidence was sufficient to support the convictions and the trial court did not err in denying probation and ordering consecutive sentences, we affirm the judgments of the trial court.