State v. Swillie

After trial to a jury the defendant, Timothy B. Swillie, was convicted of assault in the first degree and use of a firearm in the commission of a felony. He was sentenced to imprisonment for 4 to 8 years on count I, and to imprisonment for 2 years on count II, the sentences to run consecutively. He has appealed, and contends the trial court erred in permitting a rebuttal witness called by the State to testify over objection and that the sentences imposed were excessive.

The offense consisted of shooting Kim Morrow with a handgun while she was sitting in an automobile parked in front of Phil’s…