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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
October 13, 2004 Session

STATE OF TENNESSEE v. DANIEL W. LIVINGSTON
Direct Appeal from the Criminal Court for Davidson County
No. 2002-B-625 Cheryl Blackburn, Judge

No. M2004-00086-CCA-R3-CD - Filed March 15, 2005
This is a direct appeal as of right from a conviction on a jury verdict of evading arrest by motor vehicle with risk of death or injury. The trial court determined that the Defendant, Daniel Livingston, was a career offender and sentenced him to twelve years for the felony evading arrest conviction and time served for a misdemeanor resisting arrest conviction. On appeal, the Defendant argues five issues: (1) the evading arrest statute is unconstitutional because it violates the

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Tennessee Law