State of Tennessee v. Stephen Keith Frazier

A Hardin County jury convicted the Defendant, Stephen Keith Frazier, of vehicular homicide and two counts of driving while under the influence of an intoxicant or drug (“DUI”). The trial court merged the two DUI convictions and sentenced the Defendant to ten years for vehicular homicide, and eleven months and twenty-nine days for the DUI conviction, with both sentences to run concurrently. On appeal, the Defendant contends that: (1) the evidence was insufficient to support the convictions; and (2) the trial court erred in sentencing the Defendant by improperly applying enhancement factor (17) to increase the length of the sentence and in not imposing alternative sentencing. Based upon our review, we affirm the conviction for vehicular homicide and vacate the conviction for DUI, this offense being merged into the conviction for vehicular homicide. Additionally, we affirm the Defendant’s sentence for his vehicular homicide conviction, and we vacate the Defendant’s sentence for his DUI conviction. We therefore remand to the trial court for the entry of a single judgment in accordance with this opinion.