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State v. Beard6/30/2005
{ } Defendant-appellant, David Beard, appeals from the trial court's judgment sentencing him to an 18-year prison term after finding him guilty of several crimes.
{ } The record before us demonstrates that on August 9, 2003, appellant, after being pulled over by the police in a stolen vehicle, fled the scene in the vehicle and led the police on a chase. During the course of the chase, appellant lost control of the vehicle and went off the road, hitting the victim in this case, Michael Watley, who died as a result of the injuries he suffered. After hitting Mr. Watley, appellant continued to lead the police on a chase, until he subsequently lost control of the vehicle again, hit another car, and flipped over the stolen vehicle he was driving. The passenger who was in the vehicle with appellant, Ewonda Carlock, suffered injuries as a result of the collision.
{ } A glass crack pipe was found inside the vehicle, and appellant had a blood-alcohol level of 0.167, more than twice the legal limit.
{ } As a result of the above-mentioned facts, appellant was charged with the following crimes in case number CR-441472: failure to comply with the order or signal of a police officer (count one); receiving stolen property (count two); aggravated robbery with a repeat violent offender specification (count three); murder with a repeat violent offender specification (count four); involuntary manslaughter (count five); aggravated vehicular homicide with a repeat violent offender specification (count six); aggravated vehicular assault (count seven); possession of drugs (count eight); failure to stop after an accident (count nine); and grand theft of a motor vehicle (count ten).
{ } Appellant was further indicted in case number CR-447587 on one count of aggravated vehicular homicide with a repeat violent offender specification.
{ } Appellant waived his right to a jury trial, and the case proceeded to a bench trial, at the conclusion of which, appellant was found guilty of the following crimes in case number CR-441472: failure to comply with the order or signal of a police officer (count one); receiving stolen property (count two); involuntary manslaughter with the repeat violent offender specification (count five); aggravated vehicular homicide with the repeat violent offender specification (count six); aggravated vehicular assault with the repeat violent offender specification (count seven); and failure to stop after an accident (count nine).
{ } Appellant was further found guilty of the aggravated vehicular homicide count with the repeat violent offender specification in case number CR-447587.
{ } Appellant was sentenced by the trial court to an 18-year prison term. Specifically, appellant was sentenced to a merged sentence of ten years on counts five and six, involuntary manslaughter and aggravated vehicular homicide, respectively, and the sole count of aggravated vehicular homicide in case number CR-447587. On count one, failure to comply with the order or signal of a police officer, appellant was sentenced to two years, and on count seven, aggravated vehicular assault, he was sentenced to one year. Appellant was further sentenced to a five-year prison term for the repeat violent offender specifications. The sentences were ordered to be served consecutively to each other.
{ } Further, the trial court imposed a sentence of one year on counts two and nine, receiving stolen property and failure to stop after an accident, respectively. The trial court ordered those sentences to run concurrently to each other and concurrently to the above-mentioned consecutive sentence.
{ } Appellant now challenges the senten
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