Hobbs v. State

Phipps, Presiding Judge.

Alan Scott Hobbs was convicted of making terroristic threats,1 improperly backing a vehicle,2 failing to stop at or return to the scene of an accident,3 and reckless driving (as a lesser included offense of driving under the influence of alcohol).4 He appeals following the denial of his motion for new trial, asserting errors relating to the court’s instructions to the jury and to sentencing. For the reasons that follow, we affirm his convictions but vacate his sentence as to the misdemeanor counts and remand the case for resentencing.

*242Viewed in the light most favorable…