State of Tennessee v. Cindy B. Hinton
M2020-00812-CCA-R3-CD
| Tenn. Crim. App. | Jul 21, 2021Background
- On Feb. 29, 2016, Cindy B. Hinton’s car struck and fatally injured Brandi Vandiver on I-24 after failing to brake for slowed/stopped rush-hour traffic. The victim died of blunt force injuries.
- Multiple eyewitnesses and crash-reconstruction evidence showed Hinton did not brake, struck the victim at interstate speed, and her vehicle rode over the rear of the victim’s car; no skid marks or brake-pedal marks were found.
- Investigators found makeup items (mascara brush, eyelash curler) and pill bottles in Hinton’s car; the airbag bore a black stain with an imprint consistent with the mascara brush.
- Hinton’s blood (drawn ~2.5 hours post-crash) tested negative for alcohol but positive for several prescription/OTC substances, including amphetamine (Adderall, above therapeutic range), alprazolam (Xanax), diazepam (no prescription), fluoxetine (Prozac), and others; expert testimony described potential impairing effects of those drugs and their interactions.
- A jury convicted Hinton of vehicular homicide by intoxication (Count 1) and by reckless driving (Count 2); the court imposed an effective 11-year incarceration term (Counts merged). Hinton appealed, arguing (1) insufficient evidence of intoxication and (2) sentencing error (failure to consider rehabilitation and misapplied enhancement factors).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Hinton) | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove intoxication for vehicular homicide (Count 1) | Evidence (no braking, reconstruction, eyewitness accounts, blood positive for multiple CNS-active drugs including high Adderall and benzodiazepines, makeup/distracted-driving circumstantial evidence) permits a rational juror to find intoxication and proximate cause. | Blood levels/time lapse and lack of direct proof of impairment at the crash moment make intoxication unproven; expert could not say which drugs were active at impact. | Affirmed: viewing evidence in State’s favor, a reasonable jury could find intoxication beyond a reasonable doubt. |
| Sentencing: failure to consider rehabilitation and alleged misapplication of enhancement factors | Sentencing record shows the trial court considered statutory factors, rehabilitation potential, and applied appropriate enhancement factors (history of criminal behavior, especially prior implied-consent revocation; great property damage; risk to human life). | Court failed to make on-the-record rehabilitation findings; misapplied enhancement factors so sentence (11 years) is excessive. | Affirmed: court complied with statutory sentencing considerations, at least one enhancement properly applied, and sentence is within range and not an abuse of discretion. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for appellate review of sufficiency of the evidence)
- State v. Bland, 958 S.W.2d 651 (Tenn. 1997) (jury resolves credibility and conflict in evidence)
- State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) (treats circumstantial and direct evidence the same for sufficiency review)
- State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (abuse-of-discretion standard and presumption of reasonableness for sentencing review)
- State v. Carter, 254 S.W.3d 335 (Tenn. 2008) (purposes and principles governing sentencing)
