Judge tosses out 48-year sentence in fatal wreck

CROSSVILLE, Tenn. (AP) -- A Cumberland County man whose 48-year prison sentence in a fatal drunken driving accident has been overturned is headed back to court.

The Crossville Chronicle reports that a judge has set a Wednesday hearing to decide the next steps in the case against Bobby Dwaine England.

Criminal Court Judge David Patterson in 2009 had sentenced England to consecutive 24-year prison terms in the wreck that killed Tony D. Lewis and Mary Rosanna Elmore. Patterson threw out the sentence last week after England said he pleaded guilty because his lawyer said the maximum sentence was 25 years.

Prosecutors must decide whether to negotiate a new sentence or take the case to trial.

England has served three years in prison.


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