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State v. Kobeck

Court of Criminal Appeals of Tennessee, Jackson

October 23, 2019

STATE OF TENNESSEE
v.
WILLIAM BLAKE KOBECK

          Session August 7, 2019

          Appeal from the Circuit Court for Fayette County No. 18CR61 J. Weber McCraw, Judge

         The Appellant, William Blake Kobeck, pled guilty in the Fayette County Circuit Court to vehicular homicide by recklessness. Pursuant to the plea agreement, he received a four-year sentence to be served on supervised probation with the trial court to determine his request for judicial diversion. After a hearing, the trial court denied judicial diversion. On appeal, the Appellant contends that the trial court erred by denying his request for judicial diversion. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgment of the trial court.

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

          Thomas E. Hansom, Memphis, Tennessee, for the appellant, William Blake Kobeck.

          Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Assistant Attorney General; Mark Edward Davidson, District Attorney General; and Falen Marie Chandler, Assistant District Attorney General, for the appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which John Everett Williams, P.J., and Camille R. McMullen, J., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE

         I. Factual Background

         On November 29, 2018, the Appellant pled guilty to vehicular homicide by recklessness, a Class C felony. At the guilty plea hearing, the State gave the following factual account of the crime:

Had this matter gone to trial, the State would have introduced proof through Trooper Anthony Johnson, Sergeant Maureen Velez, and other troopers with the Tennessee Highway Patrol that on or about May 10, 2017, the Critical Incident Response Team with THP was requested to assist in the investigation of a single vehicle fatality crash that occurred on May 9, 2017, at approximately 11:31 p.m.
In that crash, the driver, the defendant, was driving a 2014 Cadillac CTS traveling north onto a road here in Fayette County when he failed to maintain control of his vehicle. At that time the vehicle crossed the centerline, continued across the southbound lane, entered a clockwise rotation, and exited the roadway. The vehicle traveled through the yard of a private residence located [on] Cherry Road and struck the driveway of that residence when he became airborne. The vehicle struck a standing tree and came to an uncontrolled final rest . . . where the victim, Reed Lowery, who was sitting in the front seat passenger side, was killed. During investigations it was determined that the speed limit on this road was forty (40) miles per hour. However, it was calculated that the defendant was doing anywhere between a hundred and twenty-six (126) and a hundred and thirty (130) miles per hour on this road during the time of the crash.

         Defense counsel "[took] exception to the speed calculations" but otherwise agreed with the facts presented.

         The trial court accepted the Appellant's guilty plea and sentenced him to the agreed sentence of four years to be served on supervised probation. The trial court immediately held a hearing to ...


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