State of Tennessee v. Michael W. Kemp

The defendant, Michael W. Kemp, was convicted by a Smith County Criminal Court jury of three counts of reckless vehicular homicide and three counts of reckless endangerment with a deadly weapon. The trial court sentenced the defendant to three years for each vehicular homicide conviction and one year for each reckless endangerment conviction. The court merged the reckless endangerment convictions into the vehicular homicide convictions and ordered that the terms run consecutively with all but one year served on probation. The defendant appealed and, on direct appeal, this court remanded for reconsideration of the consecutive sentences because the trial court failed to make the proper findings. Upon remand, the trial court again imposed consecutive sentences, which the defendant now appeals. After review, we conclude that the trial court erred in imposing consecutive sentencing and order that the defendant’s sentences be served concurrently.