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Posted by: Landry Butler on Oct 24, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Joshua D. Miller, Columbia, Tennessee, for the appellant, David Sharp.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Brent Cooper, District Attorney General; and Scott Speer, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Maury County Circuit Court Jury convicted the Appellant, David Sharp, of evading arrest, a Class E felony, and driving on a revoked license, a Class B misdemeanor. After a sentencing hearing, he received an effective eighteen-month sentence to be served as ninety days in jail and the remainder on supervised probation. On appeal, the Appellant contends that the trial court erred by allowing the State to introduce a photograph into evidence to rebut a defense witness’s testimony and that the evidence is insufficient to support the convictions. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court erred by admitting the photograph and that the error was not harmless. Therefore, the Appellant’s convictions are reversed, and the case is remanded to the trial court for further proceedings consistent with this opinion.