People v. Davis

Defendant was convicted of aggravated possession of a stolen vehicle, simple possession of a stolen motor vehicle, and two counts of aggravated fleeing or attempting to elude a peace officer and was sentenced to concurrent prison terms of four years, three years, and two years. On direct appeal, defendant argued that his trial court was ineffective for failing to challenge a police officer’s identification testimony, that he was not proven guilty beyond a reasonable doubt because the State did not establish that the officer pursuing defendant was in uniform, and that the convictions for aggravated fleeing and fleeing and eluding were based on the same act. The appellate court affirmed, finding defendant did not meet his burden regarding his claims of error; however, the court accepted the State’s concession that defendant’s conviction violated the one-act, one-crime rule and remanded so that the trial court could enter a correction to reflect that defendant was convicted of one count of PSMV and one count of aggravated fleeing and attempting to elude a police officer, with concurrent sentences of four years and two years, respectively. (CA. WALKER and TAILOR, concurring)