State of Tennessee v. Rubin P. Pena

State of Tennessee v. Rubin P. Pena
M2017-01663-CCA-R3-CD

The Defendant, Rubin P. Pena, was convicted by a Rutherford County Circuit Court jury of vehicular homicide by reckless conduct, a Class C felony, three counts of reckless aggravated assault, a Class D felony, and leaving the scene of an accident resulting in a death, a Class E felony. See T.C.A. §§ 39-13-213 (2014) (amended 2015) (vehicular homicide by reckless conduct), 39-13-102 (reckless aggravated assault) (2014) (amended 2015), 55-10-101 (leaving the scene of an accident resulting in a death) (2014). The Defendant was sentenced as a Range I, standard offender and received a six-year sentence for vehicular homicide by reckless conduct and concurrent four-year sentences for each reckless aggravated assault conviction. The Defendant also received a two-year consecutive sentence for leaving the scene of an accident resulting in a death, for an effective sentence of eight years’ incarceration. On appeal, the Defendant contends that (1) the evidence is insufficient to support his vehicular homicide by reckless conduct and reckless aggravated assault convictions and (2) the trial court erred during sentencing by applying certain enhancement factors. We affirm the judgments of the trial court.

Authoring Judge: 
Judge Robert H. Montgomery, Jr.
Originating Judge: 
Judge Royce Taylor
Date Filed: 
Monday, October 8, 2018