STATE OF TENNESSEE v. PATRICK WAYNE EVANS - Articles

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Posted by: Chandra Williams on Jul 21, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

David H. Veile, Franklin, Tennessee, for the appellant, Patrick Wayne Evans.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Kim Helper, District Attorney General; and Carlin C. Hess, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

The Defendant, Patrick Wayne Evans, pleaded guilty to vehicular homicide by impairment, a Class B felony, with an agreed sentence length of eight years. After a sentencing hearing, the trial court ordered that the Defendant serve his eight year sentence in confinement. The Defendant appeals, asserting that the trial court: (1) erroneously relied upon enhancement factors that are not applicable to the Defendant’s offense; (2) erroneously admitted improper evidence at the sentencing hearing; (3) failed to properly consider mitigating factors; (4) erroneously found the Defendant had no potential for rehabilitation; and (5) failed to comply with the purposes and principles of sentencing when it denied a sentence of “split confinement.” After a thorough review of the record and the applicable law, we reverse and remand to the trial court for re- sentencing.

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