Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs September 16, 2014
Appeal from the Circuit Court for Sullivan County No. S61014 R. Jerry Beck, Judge
Stephen M. Wallace, District Public Defender; and Joseph F. Harrison, Assistant District Public Defender, Blountville, Tennessee, for the appellant, Phalanda D. Falls.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Senior Counsel; Barry P. Staubus, District Attorney General; and Joshua D. Parsons, Assistant District Attorney General, for the appellee, State of Tennessee.
Roger A. Page, J., delivered the opinion of the court, in which Norma McGee Ogle and Robert H. Montgomery, Jr., JJ., joined.
ROGER A. PAGE, JUDGE
Appellant entered a guilty plea to evading arrest, a Class D felony, and driving with a suspended license, a Class B misdemeanor. She received the agreed-upon concurrent sentences of four years as a Range II, multiple offender with a thirty-five percent release eligibility and six months with a seventy-five percent release eligibility, respectively. As a factual basis for the pleas, the State offered the following recitation:
On March 28th, 2012, Sgt. Greg Brown of the Bristol[, ] Tennessee Police Department received a call that an individual by the name of Juan Henderson, who was wanted on an active warrant, had been seen at a location on Volunteer Parkway in Bristol, Sullivan County, Tennessee.
En route to that area[, ] he was alerted to a particular silver Honda with a temporary tag that Mr. Henderson was to be in. The vehicle pulled in front of his car and then turned onto Volunteer Parkway.
He followed the car for some distance, and at some point turned on – observed the car, the Honda recklessly pass another vehicle in the emergency lane and then continue on the Volunteer Parkway.
At that point Sgt. Brown initiated his traffic lights and sirens in an attempt to stop the vehicle from driving recklessly, but it continued north on Volunteer Parkway, failed to stop at red lights, passed cars in the emergency lane.
At some point[, ] they were able to get the vehicle stopped with the aid of Bristol[, ] Virginia Police Department, the driver being the Defendant, Ms. Phalanda Falls.
The evading arrest is a felony evading arrest . . . because she was in a motor vehicle. They found her status to drive to ...