State of Tennessee v. Don Birdwell

Defendant, Don Birdwell, was convicted of one count of aggravated assault, a Class C felony, and one count of vandalism of property valued between $1,000 and $10,000, a Class D felony. The trial court sentenced defendant as a Range I, standard offender, to concurrent sentences of three years, six months for his aggravated assault conviction, and two years, six months, for his vandalism conviction, for an effective sentence of three years, six months. The trial court ordered defendant to serve ninety days in confinement, after which the sentence was suspended and defendant placed on probation. On appeal, defendant argues that (1) the evidence is insufficient to support his convictions of aggravated assault and vandalism; (2) the trial court impermissibly commented on the evidence; and (3) the trial court erred in denying defendant's request for full probation. After a thorough review of the record, we affirm the judgments of the trial court.