Benjamin Hernandez v. State of Tennessee

The petitioner appeals the denial of his petition for post-conviction relief, challenging: (1) the jury instruction given on the mens rea term "knowingly," and (2) the trial court's failure to instruct on the lesser included offenses of aggravated assault and assault. Upon review, we conclude that the issues are waived for failure to provide a completed record on appeal. Furthermore, notwithstanding waiver, the errors were harmless beyond a reasonable doubt. Therefore, we affirm the denial of post-conviction relief.