State of Tennessee v. Mary Ann Scates

A Henderson County Grand Jury indicted the Defendant-Appellant, Mary Ann Scates, with alternating counts of driving under the influence and driving under the influence (second offense) (counts 1 and 2); following another vehicle too closely and speeding (counts 3 and 4); reckless aggravated assault by use of an automobile as a deadly weapon causing Faith Coleman, Cassandra Coleman, and Alexandria Springer to fear and suffer bodily injury (counts 5, 6, and 7); and vehicular assault of Grace Coleman by reckless operation of an automobile as a result of intoxication (count 8). See Tenn. Code Ann. §§ 55-10-401; 55-8-124; 55-8-152; 39-13-102; 39-13-106. The Defendant entered an open guilty plea to the offenses as charged, with the trial court to determine sentencing. After a hearing, the trial court imposed a four-year consecutive term of imprisonment for the reckless aggravated assault in count 5 and the vehicular assault by intoxication in count 8, for an effective sentence of eight years’ confinement. The remaining counts were to be served concurrently. The sole issue presented for our review is whether the trial court erred in ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court.