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State v. Emerson10/16/2000
The appellant, William T. Emerson, was convicted by a jury in the Criminal Court of Sullivan County of one count of reckless driving, a class B misdemeanor, one count of evading arrest, a class A misdemeanor, and one count of driving on a revoked license, a class B misdemeanor. The trial court sentenced the appellant to six months incarceration in the Sullivan County jail for reckless driving. The trial court also sentenced the appellant to six months incarceration in the Sullivan County jail for driving on a revoked license. Additionally, the trial court sentenced the appellant to eleven months and twenty-nine days incarceration in the Sullivan County jail for evading arrest. The trial court further ordered the appellant to serve his sentences for reckless driving and driving on a revoked license concurrently, but ordered that the sentence for evading arrest be served consecutively to the other sentences. The appellant raises the following issues for our review: (1) whether the jury verdict was contrary to the law and the evidence; (2) whether the evidence in the record is insufficient as a matter of law to sustain the convictions; (3) whether the evidence in the trial preponderates against the guilt of the appellant and in favor of his innocence; and, (4) whether the trial court erred in sentencing the appellant to consecutive sentences. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court is Affirmed.
Norma McGee Ogle, J., delivered the opinion of the court, in which David G. Hayes, and James Curwood Witt, Jr., JJ., joined.
OPINION
I. Factual Background
On the night of October 31,1997, Officer James Shores, of the Bristol, Tennessee Police Department, was driving home from work in his personal vehicle when he noticed a white Ford Ranger pickup truck run a red light. Officer Shores, who continued to observe the vehicle, became concerned as he watched the truck being driven erratically. The officer saw the truck repeatedly swerve into both lanes of traffic on West State Street, cross into the emergency lane, drive over the median, and run off the side of the road. Officer Shores followed the truck toward the Bristol Regional Medical Center because he thought the driver might have a medical emergency and require assistance. When Officer Shores observed that the truck did not turn off at the hospital, but instead sped up and continued driving erratically, he continued to follow the vehicle because he feared for the safety of other motorists.
Officer Shores estimated that the truck was being driven at speeds in excess of 100 miles per hour (mph) in a 55 mph zone. Once, to avoid crashing into another vehicle, the driver of the truck slammed on his brakes, causing his tires to smoke. Additionally, Officer Shores maintained that he was never more than 150 to 250 feet behind the truck during the chase. The officer watched as the truck stopped at a residence at 104 Dalton View Drive. Officer Shores followed the truck into the driveway and witnessed the appellant unsteadily attempt to get out of the truck.
Officer Shores, still wearing his police uniform, identified himself as a police officer and approached the appellant. The officer then heard someone approach him from behind. Officer Shores instructed the appellant to place his hands on top of the truck and turned to see what was happening behind him. When Officer Shores turned his head, the appellant ran away, jumping over an embankment and landing on a moving car. Although Officer Shores gave chase, he was unable to catch the fleeing appellant because the officer did
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