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State v. Walker10/25/1999
The appellant, Richard Walker, appeals the sentence imposed by the Shelby County Criminal Court following the entry of guilty pleas to two counts of vehicular assault. Pursuant to the negotiated plea, the appellant received concurrent two year sentences on each count. The manner of service was submitted to the trial court for determination. Following a sentencing hearing, the trial court suspended all but one hundred and twenty days of the appellant's sentences. Additionally, the appellant was placed on probation for a period of four years and was ordered to perform one hundred hours of community service during this period. In this appeal, the appellant contends that the trial court improperly denied his request for total probation.
After review of the record, we affirm the sentence imposed by the trial court.
Background
The appellant's guilty pleas stem from events occurring on the evening of August 24, 1997. On this date, the appellant explained that
I'd originally been at a cookout, then we left there and went to Shooters. From there, one of the guys that I was with -- I was with two other friends. One was driving my truck at that time. One of the guys stayed there, and me and my other friend went to Neon Moon. From there, my buddy left; and I drove back to Shooters to pick up my other buddy.
On the return trip to Shooters, the appellant, failed to yield while making a left turn onto Raleigh-LaGrange Road. While executing the turn, the appellant's vehicle collided with the vehicle driven by William Stricker. The appellant, William Stricker, and Stricker's passenger, Jessica McKinney, were transported to medical facilities for treatment.
At the hospital, a law enforcement officer, who had responded to the incident, observed that the appellant had "a strong smell of intoxicant on his breath and blood shot eyes." In response to questioning by law enforcement officers, the appellant denied driving the vehicle. A blood sample was then drawn from the appellant's person and submitted for a blood alcohol analysis. The test revealed that the appellant had a blood alcohol content of .18 percent. Subsequently, the appellant admitted his responsibility for the incident. He also conceded that he had consumed six to seven beers on the evening of the offense.
As a result of the collision, William Stricker, protected somewhat by an airbag, suffered a broken leg, fractured in seven to eight places. Jessica McKinney, the passenger in the Stricker vehicle, testified that, as a result of the impact, she remained unconscious for three days. She also described the extent of her injuries as including a dislocated hip, broken cheekbone, bitten through bottom lip, two broken teeth, cut spleen and liver, and a severely lacerated hand and knee. She remained in the hospital for one week and remained in physical therapy for three months. Ms. McKinney explained that she "may still have to have hip replaced. There is no feeling in my finger or my lip, and I have to have my hip checked regularly." Although the appellant also sustained injuries, he fared better than his victims, sustaining a broken wrist, bruised ribs, a broken nose and a cut above his eyes.
At the time the presentence report was prepared, the appellant was a single twenty-six year old high school graduate. During the period between August 1990 through May 1993, he was enrolled in college courses at Shelby State Community College. The appellant reported that he has never used illegal drugs and describes himself as a "very light drinker," who will no longer drink and drive. He has no prior record of criminal convictions. Present and previous employers commented
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