STATE OF TENNESSEE v. TINISHA NICOLE SPENCER - Articles

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Posted by: Karen Belcher on May 8, 2023

Court: TN Court of Criminal Appeals

Attorneys 1: Marcos M. Garza (at trial and on appeal); Tyler M. Caviness (on appeal); and Dominic A. Garduno (at trial), Knoxville, Tennessee, for the appellant, Tinisha Nicole Spencer.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Edwin Alan Groves, Jr., Assistant Attorney General; Charme P. Allen, District Attorney General; and Oscar Butler and Joseph Welker, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): HIXSON

The Defendant, Tinisha Nicole Spencer, appeals her jury conviction for driving under the influence, fifth offense. The trial court sentenced her to two years suspended after service of 150 days in jail. On appeal, the Defendant challenges whether the State established an unbroken chain of custody for her blood sample, whether the sentence enhancement counts were void because they included the dates of the prior offenses rather than the dates of conviction as required by statute, and whether the sentence enhancement counts vested the trial court with jurisdiction to sentence her as a multiple offender because they incorporated a facially void judgment. Following our review, we affirm the judgments of the trial court.

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