State of Tennessee v. Roger Weems Harper

Appellant, Roger Harper, was convicted by a Montgomery County jury of evading arrest. The trial court sentenced Appellant as a Range I, standard offender to three years and six months. The trial court set the sentence to run consecutivelyto a five-year diversion sentence imposed under Tennessee Code Annotated section 40-35-313 that Appellant was serving from another case. On appeal, Appellant argues that the trial court erred because: (1) the jury failed to specify that it found the aggravating factors required to find Appellant guilty of a Class D felony and furthermore, the trial court sentenced Appellant as if the conviction was a Class D felony; (2) Appellant’s sentence is excessive due to the presence of mitigating factors that the trial court failed to find; and (3) the trial court erred in imposing consecutive sentencing. We have reviewed the record on appeal and conclude that the trial court committed no error. However, the judgment form must be corrected to reflect that Appellant was convicted of the Class D felony. Therefore, we affirm Appellant’s conviction and sentence but remand for the trial court to enter a corrected judgment.