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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs November 22, 2005

STATE OF TENNESSEE v. DAVID JACOB RIGSBY
Appeal from the Circuit Court for Humphreys County
No. 10713 Robert Burch, Judge

No. M2005-00434-CCA-R3-CD - Filed February 1, 2006
The defendant was charged with two counts of vehicular homicide and one count of driving under the influence.  He pled nolo contendere to one count of vehicular homicide.  The defendant was on probation for prior convictions at the time of his plea and sentencing. A subsequent warrant for violation of probation was issued for his probationary sentence. The trial court sentenced the defendant to six years on his vehicular homicide plea to run consecutively to his probationary terms. On appeal, the defendant argues that the trial court should not have ordered the vehicular homicide sentence to be served consecutively to his probationary sentence.  We conclude that the trial court did not err, and affirm the judgment of the trial court.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Trial Court is Affirmed
JERRY L. SMITH, J., delivered the opinion of the court, in which DAVID H. WELLES and DAVID G. HAYES, JJ., joined.
Michael J. Flanagan, Nashville, Tennessee, for the appellant, David Jacob Rigsby.
Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Dan Alsobrooks, District Attorney General; and Raymond Crouch, Assistant District Attorneys General, for the appellee, State of Tennessee.

OPINION
On June 6, 2003, the defendant was involved in a traffic accident caused by his driving at a high rate of speed in hazardous conditions and having a blood alcohol level of .09.  The defendant and the victim, Billy Brewer, were ejected from the vehicle.  The victim died as a result of the accident. On August 2, 2004, the Humphreys County Grand Jury indicted the defendant for two counts of vehicular homicide and one count of driving under the influence (

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