STATE OF TENNESSEE v. ERIK SEAN POTTS - Articles

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STATE OF TENNESSEE v. ERIK SEAN POTTS

Posted by: Karen Belcher on Oct 11, 2021

Court: TN Court of Criminal Appeals

Attorneys 1: Jacob J. Hubbell, Columbia, Tennessee, for the Defendant-Appellant, Erik Sean Potts.

Attorneys 2: Herbert H. Slatery III, Attorney General and Reporter; T. Austin Watkins, Assistant Attorney General; Brent A. Cooper, District Attorney General; and Victoria Haywood, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, Erik Sean Potts, entered a guilty plea to driving under the influence (“DUI”) by impairment (second offense) in exchange for dismissal of four other charges stemming from his DUI offense and a sentence of eleven months and twenty-nine days to be served on supervised probation after service of forty-five days of confinement. The Defendant reserved a certified question of law challenging the denial of his motion to suppress, which was based upon an unconstitutional search and seizure. After thorough review, we conclude that the certified question does not meet the requirements of Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure and State v. Preston, 759 S.W.2d 647 (Tenn. 1988), and, as a result, this court is without jurisdiction to consider the appeal. Accordingly, the appeal is dismissed.

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