State of Tennessee v. Christopher Collins

The Defendant, Christopher Collins, was indicted by the Lawrence County grand jury on three counts of felony child neglect, a Class E felony. The Defendant waived his right to trial by a jury and was convicted by the trial court of two counts of felony child neglect and one count of misdemeanor child neglect. The Defendant received concurrent sentences of 18 months in the  Tennessee Department of Correction for the felony convictions and a concurrent sentence of 11 months and 29 days in the county jail for the misdemeanor conviction. In this appeal as of right, the Defendant contends that the evidence was insufficient to sustain his convictions and that in the alternative, he should have been convicted of attempted child neglect. Following our review, we conclude that there was insufficient evidence to sustain the Defendant’s convictions. As there was sufficient evidence to sustain a conviction of attempted child neglect, we reverse and vacate the Defendant’s convictions of felony and misdemeanor child neglect and impose two convictions of attempted felony child neglect, a Class A misdemeanor, and one conviction of attempted child neglect, a Class B misdemeanor. The case is remanded for a new sentencing hearing.