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State v. Dailey6/16/2000
The defendant entered guilty pleas, as a Range II offender, to one count of theft over $1,000, one count of evading arrest, and one count of resisting arrest The trial court imposed an effective sentence of eight years, eleven months, and twenty-nine days confinement. In this appeal as of right, the defendant challenges the sentence imposed by the trial court, arguing that (1) the sentence is excessive; (2) the court erred by denying him an alternative sentence; and (3) the judgment form as to his conviction for resisting arrest must be modified to conform to the trial court's pronouncement at the sentencing hearing. Finding the trial court's sentencing determination proper, we affirm the sentences imposed. However, the judgment form as to count three, resisting arrest, is modified to reflect that count three be served concurrently with counts one and two.
Tenn. R. App. P. 3(b) Appeal as of Right; Judgment of the Criminal Court is Affirmed and Remanded.
Glenn, J., delivered the opinion of the court, in which Riley, J., and Acree, Sp .J., joined.
OPINION
Pursuant to a negotiated plea agreement, the defendant, Charles A. Dailey, pled guilty, as a Range II offender, to one count of theft of property over $1,000, a Class D felony, one count of evading arrest, a Class A misdemeanor, and one count of resisting arrest, a Class B misdemeanor. The matter was submitted to the Davidson County Criminal Court for determination of the appropriate sentences. Subsequently, the trial court imposed a sentence of eight years confinement for theft of property, eleven months, twenty-nine days confinement for evading arrest, and six months confinement for resisting arrest. The sentence for evading arrest was ordered to be served consecutively to the sentence for theft of property, resulting in an effective sentence of eight years, eleven months, twenty-nine days total confinement. The defendant now challenges the sentence imposed by the trial court arguing:
I. The eight year sentence imposed for theft of property was excessive;
II. The trial court erred in denying the defendant an alternative sentence and
III. The judgment form for his conviction for resisting arrest erroneously reflects that this sentence be served consecutively to his sentences for theft of property and evading arrest.
After review, we affirm the sentencing decision of the trial court; however, the judgment of conviction for resisting arrest is remanded to the trial court for modification to conform to the trial court's pronouncement at sentencing.
BACKGROUND
On June 23, 1998, at approximately 5:20 a.m., Metro Police Officer Heidi Welch responded to a dispatch to 4003 Bonnacreek Drive in Hermitage. When she arrived, Robert Versluis, the resident at the house, advised her that his 1993 Buick LeSabre had been taken from his driveway behind the house.
Later that morning, Officers Buddy Rhett and David Corman were on routine patrol when they observed a 1993 Buick run a stop sign at the intersection of Spring and Meridian Streets. The vehicle stopped at North Second Street, and the driver, later identified as the defendant, fled from the vehicle. Officer Rhett pursued the defendant and eventually apprehended him. Upon apprehension, the defendant resisted his arrest. Through a computer check, Officer Rhett discovered that the vehicle had been stolen.
At the subsequent sentencing hearing, the defendant explained that, on June 23, he was "out . . . selling drugs and stuff." Two men approached him, "asking if wanted to pawn a car . . . for a couple of hours" in exchange for "forty dollars worth of dope." Th
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