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Tolliver v. State

The trial court had authority to condition the defendant's request for first offender treatment on his serving prison time for firing a loaded pistol into the victims' car on the interstate.

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Clayton Ray Tolliver appeals his convictions of two counts of aggravated assault. He argues that the evidence does not support the verdict, that the trial court erred by admitting a statement he made to a police officer at the scene of his arrest, and that the trial court abused its discretion by not sentencing him as a first offender. We find that the evidence was sufficient to support the verdict, that Tolliver’s statement was properly admitted, and that the trial court did not abuse its discretion in sentencing. For these reasons, we affirm Tolliver’s convictions.

On September 22, 1996, brothers Tarik and John Edwards drove northeastward on I-285 in the far left or “fast” lane. Tolliver approached the Edwardses from behind in that lane. Wanting to pass them, he repeatedly pulled up to their bumper and flashed his high-beam headlights. Eventually Tarik Edwards realized Tolliver was behind him but was not able to move over immediately due to the heavy traffic. Ultimately Tolliver was able to pass Edwards, but he felt that Edwards had been rude in not allowing him to pass sooner. When Tolliver did pass the Edwardses, he made an obscene gesture to them, mouthed the words,”F- you”, and sped off.

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