NASHVILLE, Tenn. (WKRN) — A girl who struck two youngsters together with her automobile in a North Nashville neighborhood shall be required to serve the remainder of her sentence in jail following a choice by the Tennessee Supreme Courtroom on Friday.
In 2020, Ebony Robinson pleaded responsible to vehicular murder by intoxication, aggravated assault, resisting arrest and driving and not using a license after she was caught on video reversing her automobile at “an unusually excessive pace” and hitting two youngsters who had been using their bikes close by.
Each youngsters had been beneath the age of 10. Whereas one of many youngsters survived, the opposite handed away from his accidents that night at Vanderbilt College Medical Middle, in accordance with the Metro Nashville Police Division.
Not solely was Robinson on her mobile phone on the time, however officers mentioned they instantly seen the scent of alcohol on her breath after they arrived on scene. After they searched her automobile, police discovered a Styrofoam cup that they mentioned, “smelled like tequila.”
Along with having a blood alcohol content material over the authorized restrict, a toxicology report revealed Robinson had examined optimistic for a psychoactive quantity of marijuana. Officers additionally discovered Robinson didn’t have a driver’s license or insurance coverage.
After being indicted by a grand jury on Nov. 4, 2020, Robinson pleaded responsible to all prices with out an settlement on her sentence, in accordance with courtroom paperwork authored by Chief Justice Roger A. Web page detailing the Tennessee Supreme Courtroom’s choice.
The trial courtroom sentenced Robinson to 10 years for vehicular murder, 4 years for aggravated assault, six months for resisting arrest, and 6 months for driving and not using a license.
After the sentencing listening to, the courtroom positioned Robinson on probation for the vehicular murder and aggravated assault offenses and ordered the sentences to run concurrently. She was additionally required, for 3 years, to serve one week in jail throughout every youngster’s birthday in addition to the week of Christmas.
Nevertheless, the State appealed, difficult Robinson’s sentence for vehicular murder by intoxication by arguing that beneath a 2017 modification to the probation eligibility statute, Robinson was not eligible for probation.
The 2017 modification to the probation eligibility statute, Tennessee Code Annotated part 40-35-303, prohibits defendants who’re convicted of vehicular murder by intoxication from receiving any type of probation.
Afterward, the Courtroom of Felony Appeals reversed the trial courtroom’s grant of probation and ordered Robinson to serve her sentence. Robinson appealed, sending the case to the Supreme Courtroom, which filed its last opinion on Friday after reviewing the statutes.
In accordance with the Tennessee Supreme Courtroom, the language of the vehicular murder by intoxication statute mandates that offenders serve a minimal of 48 hours in jail earlier than they’re eligible for launch on probation.
The Supreme Courtroom additionally famous that the language of the probation eligibility statute does in truth prohibit folks convicted of vehicular murder by intoxication from receiving any type of probation, together with probationary sentences of break up or periodic confinement.
The Courtroom decided the 2 statutes could be fairly learn collectively with out battle, resulting in a unanimous opinion affirming the choice of the Courtroom of Felony Appeals and ordering Robinson to serve the remainder of her sentence for vehicular murder by intoxication in confinement.