State v. Pelayo

OPINION

WHITE, Judge.

Appellant raises one issue in this appeal as of right pursuant to Rule 3(b) of the Tennessee Rules of Appellate Procedure. He contends that the trial court erred in allowing separate convictions for two counts of aggravated assault against the same victim and occurring at the same time and place. For reasons set forth in this opinion, we reverse and set aside one of the convictions.

Appellant, Francisco Medan Pelayo, was indicted in a two-count indictment. Count one of the indictment alleged that appellant “on the 10th day of December, 1991, in Davidson County, Tennessee…