August 8, 2001
Volume 7 — Number145

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

STATE OF TENNESSEE v. RICKY R. BOWEN

Court:TCCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Robert Montgomery, Assistant District Attorney General,
for the appellant, State of Tennessee.

Cary C. Taylor, Kingsport, Tennessee, for the appellee, Ricky R.
Bowen.                        

Judge: TIPTON

First Paragraph:

The defendant, Ricky R. Bowen, is charged with driving under the
influence of an intoxicant (DUI).  The state was granted an
interlocutory appeal from the trial court's order dismissing the
second "count" of the indictment by which the defendant was subjected
to enhanced minimum sentencing as a second time offender.  The issue
presented is whether a conviction for the first DUI offense must
precede the commission of the second offense before a defendant may be
convicted of DUI, second offense.  We hold that the conviction must
only precede the second conviction, not the second offense.

http://www.tba.org/tba_files/TCCA/bowenrr.wpd

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