STATE OF TENNESSEE v. MEL LINDSAY ATWELL - Articles

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Posted by: Tanja Trezise on Aug 21, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Philip L. Duval, Chattanooga, Tennessee, for the appellant, Mel Lindsay Atwell.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; J. Michael Taylor, District Attorney General; and David L. Shinn, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

The Defendant, Mel Lindsay Atwell, pled guilty to driving under the influence fourth offense, a Class E felony, and aggravated assault, a Class C felony. The trial court sentenced the Defendant to five years for the aggravated assault conviction and two years for the felony driving under the influence conviction and ordered that the sentences run consecutively, for an effective sentence of seven years. On appeal, the Defendant argues that the trial court erred when it imposed consecutive sentences because the State had not met its burden of proof to support that decision. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments.

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