All Content

Posted by: Amelia Ferrell Knisely on Jun 13, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael Thorne, Jackson, Tennessee, for the Appellant, Jeremy Glen Nichols.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General, James G. (Jerry) Woodall, District Attorney General; Matthew Floyd and Christopher W. Post, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Jeremy Glen Nichols, pleaded guilty to the vehicular homicides of A.D. (Count 1) and Teri Ann David (Count 2), the aggravated vehicular homicides of Teri Ann David (Count 3) and A.D. (Count 4), driving under the influence of an intoxicant (DUI)(Count 5), third offense DUI (Count 6), failure to yield resulting in death (Count 7), driving on a revoked license (DORL) (Count 8), DORL with a prior DUI (Count 9), and fourth offense DORL (Count 10). The trial court imposed an effective sentence of 44 years, 11 months, and 29 days. On appeal, Defendant argues that his sentence is excessive. After a thorough review, we affirm the sentence imposed by the trial court. However, we remand the case to the trial court for entry of separate judgment forms for each conviction, including those that must be merged, in light of the supreme court?s order in State v. Marquize Berry, No. W2014-00785-SC-R11-CD, slip op. at 5 (Tenn. Nov. 16, 2015)(order granting Tenn. R. App. P. Rule 11).