State of Tennessee v. David A. Phillips

A Washington County Criminal Court jury convicted the appellant, David A. Phillips, of reckless homicide, vehicular homicide, reckless aggravated assault, felony reckless endangerment, and misdemeanor drag racing. The trial court merged the reckless homicide conviction into the vehicular homicide conviction and sentenced the appellant to six years. The trial court sentenced the appellant to two years for the reckless aggravated assault conviction and one year for the felony reckless endangerment conviction with all the sentences to be served concurrently for a total effective sentence of six years. The trial court dismissed the misdemeanor drag racing conviction because it was barred by the statute of limitations. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions; (2) the trial court erred by denying his motion to sever his trial from that of his co-defendant; (3) the trial court erred by allowing two State witnesses to give improper testimony; (4) his sentence is excessive and the trial court should have ordered alternative sentencing; and (5) the trial court erred by denying his motions for judgment of acquittal and a new trial. Upon review, we affirm the judgments of the trial court but remand the case to the trial court for entry of a corrected judgment as to the appellant's felony reckless endangerment conviction.