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State v. Polston8/19/2004
he had already submitted the case to the grand jury when he spoke to the Defendant. Detective Wright said the Defendant was informed that he was a suspect in an assault, and the Defendant was not read his Miranda rights.
Following the presentation of the evidence and closing arguments, the jury convicted the Defendant of reckless aggravated assault.
B. Sentencing Hearing
At the sentencing hearing, the Defendant called Darlene Rene Scoggins to testify. She stated that she has known the Defendant for twenty-six years, dating back to when he was two years old. She described the Defendant as "a very good kid" who has always been a role model to her children. She opined that he has a "very good character . . . just a very mannerly guy." She believed that the Defendant would have no problems with probation or any other alternative sentencing ordered, and he would continue to work in and contribute to society. Scoggins said that, following his parents' divorce, the Defendant helped raise his younger sisters.
Menyan Jacqueline Harrell testified that she had known the Defendant and his family for fifteen years. She said that learning of the incident had left her stunned because the Defendant has always been "a very quiet, polite, perhaps the most non-violent child that I have ever known." She believed that the Defendant could comply with any alternative sentencing arrangements. On cross-examination, she said that learning of the assault surprised her.
Zina Wooten, the Defendant's mother, testified that the Defendant was a good student who helped raise his sisters following her divorce from his father. She stated that, in high school, the Defendant participated in sports and community service. Wooten said that she doubted that the Defendant would ever be in a similar situation again and believed that he could comply with alternative sentencing.
The Defendant testified that he was employed with a Jeep Chrysler dealership in Hendersonville. He stated that he grew up in Bartlett, went to Ellendale Elementary, then Bolton High School, and graduated from the University of Memphis. He said that, although he felt differently in his heart, he accepted the jury's verdict. He stated that he would be able to fulfill any requirements imposed for alternative sentencing. The Defendant expressed concern at his ability to obtain employment and perform community service with a criminal conviction. On cross-examination, the Defendant acknowledged that he placed himself in the circumstances that resulted in his conviction. He expressed remorse for the victim's injuries and wished he could say that to the victim. He said that his employers knew of his felony conviction and did not intend to fire him. The Defendant requested that the court apply mitigating factors (1), (2), (3), (7), (8), (11), and (12) under Tennessee Code Annotated section 40-35-113 (1997 & Supp. 2002). The Defendant also asked for diversion instead of a jail sentence, and the State contested this request.
The trial court sentenced the Defendant to two years in the Shelby County Workhouse and imposed a fine of $500.00. The trial court ordered the Defendant to serve sixty days on weekends, and suspended the balance of the workhouse sentence. The trial court also ordered the Defendant to perform 200 hours of community service.
II. Analysis
On appeal, the Defendant contends that: (1) insufficient evidence exists to support his conviction; (2) the trial court erred by failing to suppress the Defendant's telephone conversation with a police officer because the State did not disclose the statement prior to trial; (3) the trial court erred by instructing the jur
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