State Tennessee v. Jason Bradley Cutshaw

The Defendant, Jason Bradley Cutshaw, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted by a Sullivan County jury of aggravated perjury. 1 The trial court sentenced him as a Range I standard offender to four years, the first two of which were to be served on community corrections followed by two years of probation. The trial court also imposed a two thousand dollar ($2,000) fine and ordered the Defendant to perform two hundred (200) hours of community service per year while on community corrections. In this appeal, the Defendant raises four issues: 2 (1) That the presentment charging him with aggravated perjury was fatally defective; (2) that the evidence was legally insufficient to support the verdict; (3) that the trial court erred by refusing to instruct the jury on the lesser included offense of perjury; and, (4) that the trial court erred in failing to grant judicial diversion.