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Posted by: Tanja Trezise on Jul 16, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Blake D. Ballin, Memphis, Tennessee, for the Defendant-Appellant, Nicholas Larsen.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Susan L. Taylor, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, Nicholas Larsen, entered a guilty plea to driving under the influence of an intoxicant (DUI), a Class A misdemeanor, after the trial court denied his motion to dismiss the indictment. The transcript from the guilty plea hearing indicates that Larsen attempted to reserve a certified question of law on appeal pursuant to Tennessee Rule of Criminal Procedure 37. Although the judgment form references an attachment setting out Larsen’s certified question of law, no such attachment appears in the appellate record. Moreover, the record contains no corrective order filed prior to the filing of the notice of appeal in this case. Because Larsen failed to properly reserve a certified question, the appeal is dismissed.