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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
Assigned on Briefs June 7, 2005

STATE OF TENNESSEE v. REGGIE ESTES
Appeal from the Circuit Court for Haywood County
No. 4944 William B. Acree, Judge, Sitting by Designation

No. W2004-02311-CCA-R3-CD  - Filed October 13, 2005
The Appellant, Reggie Estes, was convicted by a Haywood County jury of vehicular homicide by intoxication and was sentenced to fourteen years as a Range II, multiple offender.  On appeal, Estes raises the following issues for our review: (1) whether the evidence is sufficient to support his conviction; and (2) whether he was sentenced in violation of Blakely v. Washington. After review of the record, we affirm.

Tenn. R. App. P. 3; Judgment of the Circuit Court Affirmed
DAVID G. HAYES, J., delivered the opinion of the court, in which JOSEPH M. TIPTON and THOMAS
T. WOODALL, joined.
William L. Johnson, Memphis, Tennessee, for the Appellant, Reggie Estes.
Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Garry Brown, District Attorney General; and Jerald Campbell, Assistant District Attorney General, for the Appellee, State of Tennessee.
OPINION

Factual Background
On September 22, 2002, at around 2:00 A.M., paramedics and state troopers were called to the scene of a one car collision on Highway 87, also known as Fulton Road, in Haywood County. Paramedics discovered the body of the victim, Jeffrey Graves, lying on the ground next to a totally demolished vehicle.  Parts of the vehicle were strewn over a churchyard.  The damage was so massive that the make of the vehicle was not immediately discernible. The Appellant was initially observed standing near the vehicle but collapsed soon thereafter.
Chris Milton of the Brownsville Fire Department was an initial emergency responder to the scene.  Upon encountering the Appellant, Milton noted the strong odor of alcohol.  The Appellant advised Milton that he was driving the vehicle.  Paramedic Donna Conley rode with the Appellant in the ambulance to the hospital.  She testified that, although the Appellant smelled of alcohol, he appeared alert and coherent when he told her that he was the driver of the vehicle.  State Trooper William (Tommy) Booker was dispatched to the scene and interviewed the Appellant around 3:15
A.M. at the hospital. The Appellant confirmed that he was the driver of the vehicle, but, when asked whether he remembered what happened, the Appellant stated,

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