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Posted by: Tanja Trezise on Jun 26, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Donna Orr Hargrove, District Public Defender and Michael J. Collins, Assistant Public Defender, for the appellant, Walter Lee Hicks, Jr.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Robert Carter, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, Walter Lee Hicks Jr., was convicted by a Marshall County jury of numerous offenses that arose from an encounter with an officer of the Tennessee Highway Patrol. The sentences imposed included four years for reckless endangerment with a deadly weapon, eight years for evading arrest and creating a risk of death and injury, and five years for giving a false report. The trial court ordered that the sentences be served consecutively, with all remaining sentences to be served concurrently, for a total effective sentence of seventeen years at thirty-five percent. Appellant argues (1) that the evidence was insufficient to support his convictions for reckless endangerment and giving a false report, and (2) that the sentence imposed was excessive and contrary to law. After thoroughly examining the record, we find no error in either the verdicts or the sentence, and we affirm the trial court. However, we remand to the trial court for correction of the judgment to reflect that Appellant’s convictions for assault and felony reckless endangerment are merged.