State of Tennessee v. Joseph Cox

The Defendant, Joseph Cox, was convicted of assault, a Class A misdemeanor, by a Knox County Criminal Court jury. See T.C.A. § 39-13-101(a)(1) (Supp. 2016) (subsequently amended). The trial court sentenced the Defendant to eleven months, twenty-nine days, with sixty days to be served in jail and the balance to be served on probation. On appeal, the Defendant contends that (1) the trial court erred in denying his motion to dismiss the presentment because the State failed to comply with a procedural step in charging him by presentment and because the child abuse statute is unconstitutional,1 (2) the trial court erred in its jury instructions, and (3) the court erred in imposing split confinement. We affirm the judgment of the trial court.