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State v. Brown

Court of Criminal Appeals of Tennessee, Knoxville

October 22, 2019

STATE OF TENNESSEE
v.
HENRY NICHOLAS BROWN

          Assigned on Briefs August 27, 2019

          Appeal from the Criminal Court for Roane County No. 2017-CR-377 Jeffery Hill Wicks, Judge

         The Defendant-Appellant, Henry Nicholas Brown, entered a guilty plea in the Roane County Criminal Court to aggravated assault (count one), evading arrest (count two), and reckless endangerment (count three), with the trial court to determine the length and manner of service of his sentence.[1] Following a sentencing hearing, the trial court sentenced the Defendant to six, four, and two years, respectively. The trial court ordered these sentences to be served consecutively, for an effective sentence of twelve years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in imposing consecutive sentences. Upon our review, we affirm the judgment of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          Mart S. Cizek, Assistant Public Defender, for the Defendant-Appellant, Henry Nicholas Brown.

          Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Assistant Attorney General; Russell Johnson, District Attorney General; and Robert C. Edwards, Assistant District Attorney General, for the Appellee, State of Tennessee.

          Camille R. McMullen, J., delivered the opinion of the court, in which Timothy L. Easter, and J. Ross Dyer, JJ., joined.

          OPINION

          CAMILLE R. MCMULLEN, JUDGE.

         This case stems from a traffic stop of the Defendant, during which the Defendant abruptly pulled off in his vehicle and seriously injured a law enforcement officer in the process. On July 24, 2018, the Defendant entered a guilty plea and stipulated to the following factual basis:

[C]ount one, is that [the Defendant], on or about [August 6, 2017], in Roane County, Tennessee, did unlawfully and intentionally or knowingly cause an assault to Sergeant Jerry Singleton, of the Kingston Police Department, by use or display of a deadly weapon; that weapon was a motor vehicle . . . .
[C]ount two, is that [the Defendant], on or about [August 6, 2017], in Roane County, Tennessee, did unlawfully, while operating a motor vehicle on any street, road, alley, or highway, in the State of Tennessee, did intentionally flee, or attempt to [e]lude a law enforcement officer, Sergeant Jerry Singleton, of the Kingston Police Department, after having received any signal from the Officer to bring the vehicle to a stop. And the flight did create a risk of death, or injury, to innocent by-standers, per[su]ing law enforcement officer and other third parties . . . .
[C]ount three, the stipulation is that [the Defendant], on or about [August 6, 2017], in Roane County, Tennessee, did unlawfully, and recklessly, engage in conduct that placed another person, that person was Anthony Moore, Jr., in imminent danger of death, or serious bodily injury, and that conduct was committed with a deadly weapon; this deadly weapon was a motor vehicle . . . .

         At the November 1, 2018 sentencing hearing, Margaret Gore, a Probation and Parole Officer with the Tennessee Department of Correction, testified that she prepared a presentence investigative report pertaining to the Defendant. She identified the report, which was admitted as an exhibit to the hearing without objection. She read the statement the Defendant provided to her into the record. The Defendant stated as follows:

I was towing a car to Midtown to sell it and on the way back it was dark and light. Singleton blue-lighted the truck behind me. Donald Goldberg was driving that truck. And the officer came up to the defendant's truck and I was already nervous and scared due to previous charges from 2013, and I knew I had warrants. So I saw his hand, the police officer, on his pistol and asked what seems to be the problem tonight, and I said, why did you pull me over. The officer asked for the license and registration. I stomped the gas and the policeman may have been reaching in to turn off the ignition, I was scared and pill sick so I - so was not thinking clearly. At no ...

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