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Posted by: Landry Butler on Oct 18, 2016

Head Comment: With concurring and dissenting opinion by Ogle.

Court: TN Court of Criminal Appeals

Attorneys 1:

William E. Phillips and William E. Phillips, II, Rogersville, Tennessee, for the Appellant, Roger Dale Stewart.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Dan Armstrong, District Attorney General; and Lindsey Lane, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Roger Dale Stewart, was convicted of one count of criminally negligent homicide, a Class E felony, and two counts of reckless endangerment, Class E felonies. On appeal, he argues that the evidence was insufficient to sustain his convictions; that the trial court erred when it refused to provide a requested jury instruction; that his convictions violate the principles of double jeopardy and the Due Process Clause; and that the trial court erred by imposing a two-year sentence to be served in confinement. Following our review, we affirm the judgments of the trial court.