State v. Gilboy

OPINION

WHITE, Judge.

This is a direct appeal from the Haywood County Criminal Court pursuant to Rule 3, Tennessee Rules of Appellate Procedure. The appellant, John Gilboy, was acquitted of three counts of vehicular homicide, but convicted of three counts of the lesser included offense of reckless driving. He contests the court’s denial of his motion for judgment of acquittal on two counts of reckless driving. He further challenges the denial of probation and the sentence imposed by the court. We agree with the appellant that the evidence in this case cannot sustain convictions for three…