09/20/2021 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs May 19, 2021 STATE OF TENNESSEE v. KHAMPHONH XAYYASITH Appeal from the Criminal Court for Davidson County No. 2019-C-1623 Steve Dozier, Judge No. M2020-00379-CCA-R3-CD The Defendant, Khamphonh Xayyasith, was convicted by a Davidson County Criminal Court jury of three counts of aggravated assault, a Class C felony, and domestic assault, a Class A misdemeanor. See T.C.A. §§ 39-13-102 (2018) (subsequently amended) (aggravated assault); 39-13-111 (2018) (domestic assault). The trial court merged the aggravated assault convictions and imposed concurrent sentences of fifteen years for aggravated assault and eleven months, twenty-nine days for domestic assault. On appeal, the Defendant contends that (1) the evidence is insufficient to support his aggravated assault convictions, (2) the trial court erred by admitting a recorded jail telephone call, and (3) his sentence is excessive. We affirm the judgments of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed ROBERT H. MONTGOMERY, JR., J., delivered the opinion of the court, in which NORMA MCGEE OGLE and TIMOTHY L. EASTER, JJ., joined. Martesha L. Johnson, District Public Defender; and Jeffrey A. DeVasher (on appeal), Jonathan Wing (at trial), and Casey Elliot (at trial), Assistant District Public Defenders, for the appellant, Khamphonh Xayyasith. Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Assistant Attorney General; Glenn R. Funk, District Attorney General; and Jenny Charles and J. Wesley King, Assistant District Attorneys General, for the appellee, State of Tennessee. OPINION The Defendant’s convictions relate to two October 2018 incidents, which involved Sokonthea Chek, the mother of the Defendant’s children. The Defendant was charged with three counts of aggravated assault based upon the alternative theories that he caused the victim serious bodily injury, that he caused bodily injury and employed or attempted to employ strangulation, and that he used or displayed a deadly weapon. He was likewise charged with domestic assault related to a separate incident. At the trial, the victim testified that she had known the Defendant approximately thirteen to fifteen years and that they shared a son and a daughter. The victim said that her children were ages four and ten in October 2018. She said that in late September and early October, she lived with her parents and children but that the Defendant lived with the Defendant’s sister and her seven children. The victim explained that her relationship with the Defendant had been “on again, off again” and that they were attempting to work on their relationship. She said that her cell phone agitated the Defendant and that he began wanting to look through her phone’s content. She said that she began working as a model, that the Defendant “approved” initially, that his behavior changed, and that she became concerned. She said that on one occasion, the Defendant took her phone, looked through it, and accused her of “things.” She said that on another occasion, the Defendant broke her phone, which she …
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