State of Tennessee v. Rebecca Ann Galyean

The Defendant-Appellant, Rebecca Ann Galyean, was convicted by a Putnam County jury of one count of vehicular homicide by intoxication, a Class B felony, two counts of vehicular assault by intoxication, a Class D felony, and two counts of driving under the influence, a Class A misdemeanor. The trial court merged the convictions for driving under the influence into the conviction for vehicular homicide. The Defendant-Appellant received an effective eleven-year term of imprisonment in the Tennessee Department of Correction. In this appeal, the Defendant-Appellant presents the following issues for our review: (1) whether the trial court erred by admitting evidence that the Defendant-Appellant’s blood analysis tested positive for “less than 0.25 µg/ml” of Tramadol; (2) whether the trial court erred by not declaring a mistrial based on the removal of Defendant-Appellant’s mother from the courtroom during trial; and (3) whether the trial court imposed an excessive sentence. Upon our review, we affirm the Defendant-Appellant’s convictions; however, we conclude that the trial court erroneously sentenced her beyond the statutory maximum for vehicular assault. Therefore, we modify the Defendant-Appellant’s sentences for vehicular assault to four years, the maximum in the range, and remand to the trial court for entry of corrected judgments.