State of Tennessee v. John F. Wallace

Case Number
W2005-02477-CCA-R3-CD

The appellant, John Wallace, was convicted of four counts of assault. As a result, the trial court sentenced him to four, concurrent sentences of eleven months and twenty-nine days. The trial court then placed the appellant on probation for the length of the sentence and imposed a fine of $500 for each conviction. On appeal, the appellant challenges the sufficiency of the evidence and the trial court’s imposition of the $500 fine for each conviction. Because the evidence is sufficient to support the convictions, we affirm the judgment of the trial court in that regard. However, because the trial court improperly fined the appellant $500 for each conviction when the jury was not instructed to impose a fine and the appellant did not waive his right to a jury-imposed fine, we remand the matter to the trial court for the proper assessment of a fine.

Authoring Judge
Judge Jerry Smith
Originating Judge
Judge Carolyn Wade Blackett
Case Name
State of Tennessee v. John F. Wallace
Date Filed
Dissent or Concur
No
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