State of Tennessee v. Brandon Patrick

The defendant, Brandon Patrick, was convicted of one count of violation of the Habitual Motor Vehicle Offenders Act, one count of felony evading arrest with risk of death, and two counts of felony reckless endangerment. The trial court later merged the two counts of reckless endangerment into one count. The trial court held a sentencing hearing on November 7, 2002. The defendant received the maximum sentences as a career offender of six (6) years for violation of the Habitual Motor Vehicle Offender Act, twelve (12) years for Class D felony evading arrest with the risk of death, and six (6) years for reckless endangerment with a deadly weapon. The trial court ordered the defendant to serve the six-year sentences for violation of the Habitual Motor Vehicle Offender Act and the reckless endangerment sentence concurrently. The trial court then ordered that the six (6) year sentences be served consecutively to the twelve (12) year sentence for Class D felony evading arrest for an effective sentence of eighteen (18) years as a career offender to be served in the Department of Correction. On appeal, the defendant argues: (1) that the evidence was legally insufficient to support a verdict of guilty; (2) his dual convictions for Class D felony evading arrest and felony reckless endangerment violated the principles of double jeopardy; (3) the trial court erred by failing to instruct the jury on applicable lesser-included offenses; and (4) the trial court erred in imposing consecutive sentences. We conclude: (1) that the evidence was sufficient to support his convictions; (2) the dual convictions for Class D felony evading arrest and felony reckless endangerment violate principles of double jeopardy and must be merged; (3) it was harmless error beyond a reasonable doubt when the trial court failed to instruct on the lesser-included offenses; and (4) consecutive sentencing was proper in the defendant's case. We reverse and remand the judgments of the trial court.