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State v. Babb11/18/1999
The defendant, Ira J. Babb, Jr., pled guilty to driving on a revoked license and leaving the scene of an accident with injury. Also charged with aggravated assault and reckless endangerment, he was found guilty of two counts of reckless endangerment. The trial court imposed sentences as follows:
Offense Class Term
Reckless endangerment E felony Two years
Reckless endangerment E felony Two years
Driving on a Revoked A misdemeanor 11 months,
License, Second Offense 29 days
Leaving Scene of an A misdemeanor 11 months,
Accident involving injury 29 days
Because all of the sentences were ordered to be served consecutively, the effective sentence is five years, eleven months and twenty-eight days. The trial court also ordered restitution in the approximate sum of $2,200.00, which has been paid, and assessed fines totaling $8,000.00.
In this appeal of right, the defendant does not challenge the length of the sentences on any of the four offenses, but does argue that the trial court erred by ordering consecutive terms. We find no error and affirm the judgment of the trial court.
The transcript of the trial was not made a part of the record. The sentencing hearing, which includes a summary of the facts, indicates that at approximately 6:00 P.M. on June 17, 1997, the defendant was driving a brown Cougar along Moreland Road in Sullivan County. He was following closely a car driven by the victim, Trent Neeley, who recognized the defendant as a former high school classmate. Later, the victim described the defendant, whom he believed to be intoxicated, as "all over the road." He reported that the defendant accelerated his vehicle and switched lanes before colliding into the rear of his vehicle. The victim believed the collision to be intentional. As a result of the impact, the victim was thrown from his car. Not seriously injured, he saw the defendant drive away from the scene, almost causing another vehicle to veer off the road. The victim, who received cuts to his head, arms, and hand, remarked that he was lucky to be alive. His car was totaled.
At the sentencing hearing, it was established that the defendant, age thirty, had been married since July 13, 1987, and that he and his wife had no children. After completing high school in 1986, the defendant was employed by his father as a mason, earning approximately $10.00 per hour for a work week consisting of thirty-five hours. He owned two older vehicles and made monthly payments on a mobile home and a personal loan. The defendant has back problems, due to the deterioration of discs, but is otherwise in good health. He reported a history of alcohol usage beginning at the age of fourteen, marijuana usage prior to his marriage, and periodic alcohol abuse. He testified that he had developed an addiction to pain medication for which he is treated three times per week in a methadone program in Knoxville. Among the prescription drugs that defendant admitted using were morphine and percadan. He has also used heroin, "where I could find it."
The trial court ruled in pertinent part as follows: I am required to ensure that [imposition of] aggregate sentences is the least severe measure necessary to protect the public from your future criminal conduct. That ... any aggregate sentence must be related to your potential for rehabilitation... ou have an extensive record of criminal activity. It ... just meant nothing to you, that it was against the law for you to operate a motor vehicle while your license was revoked, and that's what we're dealing with here. You are not a murderer, rapist, or robber, but you are a person
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