State of Tennessee v. Carl G. Boone

The defendant, Carl G. Boone, was convicted by a Maury County jury of reckless endangerment, a Class A misdemeanor, and aggravated assault, a Class C felony. The trial court merged the reckless endangerment conviction into the aggravated assault conviction and sentenced the defendant as a Range II, multiple offender to ten years at thirty-five percent in the Department of Correction. On appeal, the defendant argues that the trial court imposed an excessive sentence by misapplying enhancement factors and failing to apply appropriate factors in mitigation. Following our review, we affirm the sentencing imposed by the trial court. However, we remand for entry of corrected judgment forms to reflect that the reckless endangerment count of the indictment merged into the aggravated assault count and that the defendant was found not guilty of the aggravated rape count rather than not guilty by reason of insanity, as marked on the judgment form.