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Posted by: Tanja Trezise on May 24, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

B. Jeffery Harmon, District Public Defender, and Robert G. Morgan, Assistant District Public Defender, Jasper, Tennessee, for the appellant, Eric A. Martin.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; J. Michael Taylor, District Attorney General; and William B. Copeland, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

A police sergeant stopped a vehicle driven by appellant, Eric A. Martin, for violation of Tennessee Code Annotated section 55-4-110(b), the statute requiring a vehicle license plate to be maintained free from foreign materials and in a clearly legible condition. He then determined that appellant was driving with a revoked driver’s license. A grand jury indicted appellant for driving on a cancelled, suspended, or revoked license and driving on a cancelled, suspended or revoked license, seventh offense. Appellant pled guilty to driving on a revoked license, fifth offense. Pursuant to the plea agreement, the trial court sentenced appellant to eleven months twenty-nine days and revoked his driver’s license for one year. The trial court suspended all of the sentence except for twenty days and placed appellant on probation. As a condition of the plea agreement, appellant attempted to reserve the right to appeal a certified question of law challenging the constitutionality of Tennessee Code Annotated section 55-4-110(b). Following our review, we conclude that appellant failed to certify a question of law that is dispositive of the case. Accordingly, we dismiss the appeal.