State of Tennessee v. Troy Robert Whipple

Case Number
M2004-03047-CCA-R3-CD

A Franklin County Jury found the Defendant, Troy Robert Whipple, guilty of one count of evading  arrest while operating a motor vehicle, one count of reckless driving, one count of driving on a revoked license, and two counts of vandalism, and the trial court sentenced the Defendant to an effective sentence of four years. The Defendant now appeals, contending that: (1) the evidence presented at trial is insufficient to support his convictions; (2) the trial court committed plain error when it failed to instruct the jury that an unlawful arrest is a defense to a charge of evading arrest while operating a motor vehicle; (3) the trial court improperly sentenced him; and (4) the fines imposed upon him are unreasonable. After thoroughly reviewing the record and the applicable authorities, we affirm the Defendant’s convictions and sentences for evading arrest while operating a motor vehicle, reckless driving, and driving on a revoked license. We reverse the Defendant’s convictions for vandalism, and we remand the case for proceedings consistent with this opinion.

Authoring Judge
Judge Robert W. Wedemeyer
Originating Judge
Judge J. Curtis Smith
Case Name
State of Tennessee v. Troy Robert Whipple
Date Filed
Dissent or Concur
This is a dissenting opinion
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