STATE OF TENNESSEE v. TIMOTHY ELLIOTT DAVIS - Articles

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Posted by: Tanja Trezise on Nov 6, 2023

Court: TN Court of Criminal Appeals

Attorneys 1: Brian E. Nichols, Loudon, Tennessee, for the appellant, Timothy Elliott Davis.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Abigail H. Rinard, Assistant Attorney General; Shari Tayloe, District Attorney General; and Clay Collins and Wayne M. Bridgham, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): AYERS

Defendant, Timothy Elliott Davis, was convicted by a jury of driving under the influence of an intoxicant (“DUI”) and driving under the influence of an intoxicant with a blood alcohol concentration (“BAC”) greater than 0.8 (“DUI per se”). Defendant pled guilty to DUI, third offense following the jury verdict on the first two counts. The trial court sentenced Defendant to eleven months, twenty-nine days, suspended to supervised probation upon service of seven months in the county jail. On appeal, Defendant argues that the trial court erred in denying his motion to suppress the results of a blood alcohol test and that the evidence is insufficient to support the guilty verdict. Following our review of the record, the briefs, and oral arguments of the parties, we affirm the judgments of the trial court but remand for correction of the judgment forms consistent with this opinion.

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