Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs August 27, 2019
from the Criminal Court for Roane County No. 2017-CR-377
Jeffery Hill Wicks, Judge
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. 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.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
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
Camille R. McMullen, J., delivered the opinion of the court,
in which Timothy L. Easter, and J. Ross Dyer, JJ., joined.
CAMILLE R. MCMULLEN, JUDGE.
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 . . . .
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 ...