State of Tennessee v. Mario Reed

The Defendant, Mario Reed, was convicted in the Montgomery County Circuit Court of evading arrest involving risk of death or injury, a Class D felony; attempted tampering with evidence, a Class D felony; and reckless endangerment committed with a deadly weapon, a Class E felony. After a sentencing hearing, the trial court merged the reckless endangerment conviction into the evading arrest conviction and sentenced the Defendant as a Range II, multiple offender to concurrent seven-year sentences for evading arrest and attempted tampering with evidence. On appeal, the Defendant contends that (1) the trial court erred by refusing to dismiss the indictment due to a violation of Article IV of the Interstate Compact on Detainers (“ICD”), (2) the evidence is insufficient to support his conviction of attempted tampering with evidence and the jury rendered an inconsistent verdict for that offense, and (3) his seven-year sentence for evading arrest is excessive. Based upon our review, we affirm the judgments of the trial court. However, we remand the case to the trial court for sentencing on the reckless endangerment conviction.