State v. Wagner12/20/1999
On February 26, 1996, the Madison County Grand Jury indicted the Defendant, William Curtis Wagner, on eight counts of aggravated assault, three counts of vandalism, three counts of leaving the scene of an accident, and one count each of driving while under the influence of a drug and/or intoxicant, reckless driving, reckless endangerment, evading arrest, and violation of the seat belt law. All charges arose from one extended incident. Following a jury trial, the Defendant was found guilty of two counts of aggravated assault, four counts of assault, three counts of vandalism over $500, one count of leaving the scene of an accident with bodily injury, one count of leaving the scene of an accident with property damage, one count of driving under the influence , one count of reckless driving, one count of reckless endangerment with a deadly weapon, and one count of felony evading arrest. Following a sentencing hearing, he received an effective sentence of six years.
The Defendant now appeals his convictions and his sentences, presenting five issues for our review: (1) whether the state proved beyond a reasonable doubt that he was voluntarily intoxicated; (2) whether his convictions for vandalism and assault violate principles of double jeopardy; (3) whether his sentences are excessive; (4) whether the trial court erred by denying his motion to dismiss all aggravated assault counts; and (5) whether the evidence is sufficient to support his convictions for leaving the scene of an accident.
In 1995, the Defendant, a truck driver for approximately eight years at the time of trial, was working as a mechanic and a driver for Brown's Towing and Truck Repair in Virginia. On November 18, 1995, the Defendant was returning to Virginia from Brinkley, Arkansas, towing a disabled truck. He said he had been driving for approximately seventeen hours with less than two hours of sleep when he decided to stop at a truck stop in West Memphis, Arkansas. The Defendant went inside the store, purchased a fountain drink and a pack of Goody's powders, called home, and walked back to his truck to sleep.
According to the Defendant, as he was climbing back into his truck, he was approached by a man who was parked next to him in the parking lot. He conversed with the man, whom he did not know, for thirty to forty-five minutes. The Defendant testified that during the conversation, he allowed the man to a put a powdery substance into his fountain drink. Although the stranger referred to the substance as "crank," the Defendant maintained that he believed it was caffeine. The Defendant testified that after conversing with the man, he climbed into his truck and tried to sleep. After thirty minutes to an hour had passed, he decided to get back on the road.
Ralph McGuire, a truck driver, was traveling eastbound on I-40 through Madison County when he felt "a nudge from the rear-end" of his truck. He testified he heard a voice on his CB radio that said, "If I can't get you this way, I'll get you this way," and he turned to see the Defendant's truck beside his door. He stated that the Defendant swerved to hit him again but missed when McGuire braked quickly and pulled onto the shoulder of the road to evade him.
Lieutenant Mark Williams of the Haywood County Sheriff's Department received a call to be on the lookout for a tractor-trailer wrecker towing a truck. He testified that in response to the call, he drove to an exit on I-40, pulled his car onto the entrance ramp, and began to observe the eastbound traffic. Almost immediately, he observed the Defendant's vehicle proceeding down the interstate, swerving from side to side. Williams, who was in an unmarked car, radioed back that he had
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