State vs Marvin Bobby Parker

Appellant, Marvin Bobby Parker, was indicted by the Bedford County Grand Jury for two counts of aggravated assault, three counts of reckless endangerment, and one count of assault. After the denial of pretrial diversion, Appellant’s case proceeded to a jury trial. Following a lengthy trial, Appellant was convicted of reckless aggravated assault, two counts of assault, and one count of reckless endangerment for a series of incidents that took place on June 7, 2008, at the Duck River Speedway after a race. Appellant was found not guilty of two counts of reckless endangerment. As a result of the convictions, Appellant was
sentenced as a Range I, standard offender to three years for reckless aggravated assault with all but 59 days of the sentence suspended, the remainder of the sentence to be served on community corrections. Further, Appellant was sentenced to eleven months and twenty-nine
days for each remaining misdemeanor sentence. The misdemeanor sentences were ordered to run concurrently to each other but consecutively to the reckless aggravated assault sentence, for a total effective sentence of four years. After the denial of a motion for new
trial, Appellant sought a review of his convictions and sentence in this Court. The following issues are presented on appeal for our review: (1) whether the district attorney abused his discretion in denying pretrial diversion; (2) whether the trial court properly denied a motion
to sever; (3) whether the trial court properly instructed the jury; (4) whether the evidence was sufficient to support the convictions; (5) whether the trial court properly sentenced Appellant. After a review of the record, we determine that: the trial court properly upheld the denial of pretrial diversion; the trial court properly denied the motion to sever; and the
evidence was sufficient to support the convictions for reckless aggravated assault and assault as challenged by Appellant. Further, we determine that the trial court properly instructed the jury. However, because the trial court imposed consecutive sentencing without making the proper findings and ordered Appellant to community corrections even when Appellant was ineligible for such a sentence, we reverse the matter and remand to the trial court for a new sentencing hearing. Accordingly, the judgments of the trial court are reversed and remanded.