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Posted by: Suzanne Craig Robertson on May 17, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen M. Wallace, District Public Defender; Andrew J. Gibbons, Assistant Public Defender, Blountville, Tennessee, for the appellant, Nelson Keith Foster.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Nicholas W. Spangler, Assistant Attorney General; Barry P. Staubus, District Attorney General; Julie R. Canter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVENS

Nelson Keith Foster (“the Defendant”) was convicted by a jury of driving on a revoked or suspended license and driving on a revoked or suspended license, second offense. The trial court merged the convictions and sentenced the Defendant to eleven months and twenty-nine days, suspended upon serving thirty days’ incarceration. The Defendant appeals, asserting that: (1) the trial court erred in denying a motion to suppress the evidence obtained during an illegal traffic stop; (2) the evidence was insufficient to support his conviction; (3) the trial court erred in denying defense counsel’s motions for withdrawal; and (4) the trial court erred in denying a motion to recuse. After a thorough review of the record, we affirm the judgment of the trial court in all respects.