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State v. Bellamy9/3/2003
This case relates to the defendant's driving under the influence on November 6, 2000. At the guilty plea hearing, the state presented the following factual account of the crimes: On the night of November 6, Kingsport Police Officer Justin Quillen was dispatched to a single-car accident at the intersection of Stratford and East Lyon Streets. When he arrived, he saw a white Ford pickup truck in a ditch. He approached the truck and found the defendant sitting in the driver's seat. The officer smelled alcohol and asked the defendant if he had been drinking. Although the defendant said no, Officer Quillen had seen the defendant drinking beer earlier that night.
After paramedics and firefighters arrived at the scene, Officer Quillen was dispatched to a second accident a short distance from the defendant's truck. When he arrived, Mack Lane told him that he had been driving on Stratford Street and that a white pickup truck had struck Mr. Lane's car from behind. According to Mr. Lane, the pickup hit his car a second time, breaking the driver's seat, and left the scene. Officer Quillen believed the defendant's truck had hit Mr. Lane's car, and he went with the defendant to the hospital. The defendant's blood alcohol content (BAC) measured 0.25 percent, and he was charged with reckless aggravated assault; driving under the influence , second offense; leaving the scene of an accident; and driving on a revoked license, second offense. On February 11, 2002, the defendant appeared in court to enter pleas to the charges. He asked for a continuance, which was denied, and he left the courthouse without entering any pleas. As a result, he was charged with failure to appear and arrested on a capias.
The defendant pled guilty to all of the crimes and was sentenced to two years, nine months for the reckless aggravated assault conviction; one year for the failure to appear conviction; eleven months, twenty-nine days to be served as forty-five days in jail and the remainder on probation for the DUI conviction; eleven months, twenty-nine days to be served on supervised probation for the leaving the scene of an accident conviction; and eleven months, twenty-nine days to be served as four days in jail and the remainder on probation for the driving on a revoked license conviction. The manner of service for the reckless aggravated assault and failure to appear convictions was to be determined by the trial court. The trial court ordered that the reckless aggravated assault and DUI sentences be served concurrently to each other but consecutively to his concurrent sentences for leaving the scene of an accident and driving on a revoked license. The one-year sentence for failure to appear was ordered to be served consecutively to all of the sentences for an effective sentence of four years, eight months, twenty-nine days.
At the sentencing hearing, the state and the defendant relied on the presentence report. According to the report, the then forty-seven-year-old defendant was completely disabled and received disability benefits. In the report, the defendant stated that before he became disabled, he was self-employed as a painter for about five years, worked as a laborer for about seven years, and worked for his father's coal company and nursery throughout his life. The defendant dropped out of high school in the eleventh grade but completed a welding course at a community college. The defendant had been treated for alcohol dependency four times. In the report, he said that he started drinking alcohol when he was twenty-five years old but denied consuming alcohol since he hit Mack Lane's car. He described his mental health as fair and his physical health as poor and stated that he had to use a cane in order t
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