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Posted by: Landry Butler on Sep 26, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Michele Hodges (on appeal), Nashville, Tennessee; and Jack Arnold (at trial), Ashland City, Tennessee, for the appellant, Roy Daniel Mayo, II.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; W. Ray Crouch, District Attorney General; and Margaret Sagi, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

A jury found the Defendant, Roy Daniel Mayo II, guilty of one count of attempted burglary, a Class A misdemeanor; one count of possession of burglary tools, a Class A misdemeanor; and one count of evading arrest while operating a motor vehicle, a Class E felony. The trial court imposed an aggregate sentence of six years in prison. The Defendant does not challenge his misdemeanor convictions. On appeal, he asserts that his evading arrest conviction should be reversed because the trial court's jury instructions did not require the jury to find that the Defendant's flight took place while he was operating the motor vehicle. Given the facts surrounding the Defendant's conviction, in particular the proof regarding whether his flight was by means of a vehicle or on foot, we conclude that the jury instructions failed to fairly submit the legal issues and misled the jury as to the applicable law and that the error was not harmless. We accordingly reverse the Defendant's felony evading arrest conviction, and we remand for new trial on that charge.