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Posted by: Amelia Ferrell Knisely on May 27, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Charles S. Kelley, Sr., Dyersburg, Tennessee, for the Defendant-Appellant, Timothy Clark Naifeh.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Thomas A. Thomas, District Attorney General; and James T. Cannon, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant, Timothy Clark Naifeh, was convicted by an Obion County jury of six counts of vehicular homicide. Prior to trial, the Defendant filed two motions challenging his competence to stand trial, both of which were denied by the trial court. Following a sentencing hearing, the trial court merged his convictions into three counts of vehicular homicide by intoxication, a Class B felony. See T.C.A. § 39-13-213(a)(1). The sentence was to be served by split confinement, with one year of incarceration and the remainder on probation. On appeal, the Defendant argues that the trial court erred in finding that he was competent to stand trial and that his sentence was improper. Upon our review, we affirm the judgments of the trial court. However, for purposes of clarity, we remand this matter for entry of corrected judgment forms in Counts 1, 2, and 3, specifying an effective sentence of ten years, with one year of incarceration and the remaining nine years on probation.