State of Tennessee v. Lee Harold Cromwell

The defendant, Lee Harold Cromwell, was convicted of one count of reckless vehicular homicide and eight counts of reckless aggravated assault against nine different victims. The trial court sentenced the defendant as a Range I, standard offender and imposed an effective twelve-year sentence. On appeal, the defendant argues the evidence was insufficient to support his convictions for reckless aggravated assault and challenges various aspects of the jury instructions. The defendant also argues the trial court erred in not merging his eight aggravated assault convictions into his vehicular homicide conviction. Finally, the defendant generally challenges the trial court’s sentencing determinations and asserts the cumulative effect of the errors alleged rendered his trial unfair. After our review, we affirm the evidence was sufficient to support the defendant’s convictions and the trial court properly sentenced the defendant, but conclude the trial court committed reversible error in instructing the jury as to reckless aggravated assault. Therefore, we vacate the defendant’s eight convictions for reckless aggravated assault and remand this case to the trial court for a new trial.