State of Tennessee v. Terry William Smith

The defendant, Terry William Smith, appeals his 2019 Hamilton County Criminal Court jury convictions of speeding, failure to obey a traffic control signal, reckless endangerment, evading arrest, violating the open container law, and driving under the influence, arguing that the evidence was insufficient to support some of his convictions and that the trial court erred by ordering a sentence of split confinement. We affirm the defendant’s convictions, the imposition of a two-year effective sentence, and the trial court’s decision to order split confinement. Because the confinement term of the split confinement sentence exceeds that allowed under the terms of Code section 40-35-501(a)(3), we modify the term of confinement and remand the case for the entry of corrected judgment forms reflecting the modified sentence and the proper place of confinement.