State of Tennessee v. Buddy Livesay

The Defendant, Buddy Livesay, appeals his Knox County Criminal Court jury convictions
of evading arrest, criminal impersonation, and unlawful possession of a firearm after
having been convicted of a felony crime of violence, arguing that the trial court by erred
by denying his motion to suppress the evidence obtained following what he believes to be
an unconstitutional traffic stop, by instructing the jury that his out-of-state conviction
qualified as a felony crime of violence rather than submitting the issue to the jury, and by
ordering a sentence of full confinement. We hold that (1) the trial court did not err by
denying the motion to suppress; (2) the trial court erred by instructing the jury that the
Defendant’s out-of-state conviction qualified as a crime of violence rather than submitting
that issue, with proper instructions, to the jury, and the error cannot be classified as
harmless beyond a reasonable doubt; and (3) the trial court did not abuse its discretion by
ordering a sentence of full confinement. Accordingly, we reverse the Defendant’s
conviction of unlawful possession of a firearm after having been convicted of a felony
crime of violence and remand the case to the trial court for a new trial on that charge but
affirm the judgments of the trial court in all other respects.