The defendant, Tamela T. Scott, was convicted of vehicular homicide by intoxication, a class B felony, and three counts of vehicular assault, a class D felony. She received an effective sentence of eight years. The sentence was ordered to be served by one year in confinement and sixteen years on probation. Among the conditions of the defendant’s probation were 200 hours of community service per year, and the defendant was also prohibited from driving for eight years. The defendant appeals the judgments, arguing that (1) the convicting evidence is insufficient; (2) the trial court erred in admitting expert testimony of “retrograde extrapolation” related to the defendant’s blood alcohol level; (3) the trial court erred in its jury instruction regarding blood alcohol; and (4) the trial court erred in determining the conditions of her community service, the length of her probation, and that her driving privileges will be revoked for eight years. We affirm the judgments for the three counts of vehicular assault. We affirm the conviction of vehicular homicide by intoxication, but we modify the manner of service of the eight-year sentence to one year in confinement followed by eight years of probation.
Case Number
M2006-02067-CCA-R3-CD
Originating Judge
Judge Don Ash
Case Name
State of Tennessee v. Tamela Scott
Date Filed
Dissent or Concur
This is a dissenting opinion
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