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State v. Ratliff1/11/2001
The defendant appeals his conviction of reckless endangerment with a deadly weapon and vandalism under $500.00. He contends the evidence was insufficient to support the verdict of the jury, the sentence of two years was excessive, and the trial court erred in sentencing the defendant to community corrections with the condition that he serve 200 days in the county jail. We find no error and affirm the trial court.
Tenn.R.App.P. 3 Appeal as of Right; Judgment of the Criminal Court: Affirmed.
william b. acree, jr., J., delivered the opinion of the court, in which john everett williams and david h. welles, jj., joined.
OPINION
The defendant was convicted of reckless endangerment with a deadly weapon, a Class E felony and vandalism under $500.00, a Class A misdemeanor. He received an effective sentence of two years on community corrections with the condition that he spend 200 days in the county jail.
The defendant presents the following issues for review:
1. The evidence was insufficient to support the verdict of the jury.
2. The sentence of two years was excessive.
3. The trial court erred in sentencing the defendant to community corrections with the condition that he serve 200 days in the county jail.
To determine whether the evidence is sufficient to support the verdict of the jury, it is necessary to review the evidence.
As stated by the prosecuting attorney at trial, this is a "road rage" case. The record reflects that on July 2, 1998, Jerry Michael Puckett, the victim, was traveling from Johnson City to Kingsport on Interstate 181. The victim was a student at East Tennessee State University in Johnson City but lived in Kingsport. The victim looked in his rear view mirror and observed a red Honda Prelude close behind him. It later developed that the defendant was driving the Prelude. In an effort to cause the defendant to back off, the victim tapped his brakes. As a result, the defendant slammed his brakes and swerved back and forth across the highway. The defendant passed the victim and yelled and made motions as he passed. The defendant then brought his vehicle to a stop on the interstate causing the victim to do likewise. As the defendant exited his vehicle, the victim drove around him. After observing the defendant behind him again, the victim took an exit from the interstate but was followed by the defendant and was rear ended by the defendant at a stop sign. The victim then drove to his home and the defendant followed him. The victim confronted the defendant with a Swiss army knife, and the defendant went to his car with the announced intention to get a gun. The victim ran into his home and called the police. The defendant went to the victim's front door with a metal tool box tray in his hand, but left when the victim's dog began barking. As the defendant walked by the victim's car, he knocked out the back window with the tool box. The defendant then left.
Officer Tim Crocker of the Kingsport Police Department was the investigating officer. He arrived at the victim's home at about 6:00 p.m., which was about 20 minutes after the incident. The victim told him what had happened, and the officer observed that the back window of the victim's automobile had been broken. Approximately two hours later, Officer Crocker went to the defendant's home. As he arrived, he saw the red Honda Prelude which had the same license number as was reported by the victim. He also noticed the front bumper was damaged. The defendant and a female who identified herself as Michelle Christian met the officer in the yard of the defendant's home. The defendant had an alcoholic beverage in
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