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Posted by: Tanja Trezise on Nov 5, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

John S. Colley, III, Columbia, Tennessee (on appeal); and M. Wallace Coleman, Jr., Lawrenceburg, Tennessee (at trial), for the appellant, Michael E. Fischer.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Kim R. Helper, District Attorney General; and Jennifer Moore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

A Lewis County Circuit Court jury convicted the defendant, Michael E. Fischer, of misdemeanor reckless endangerment, see T.C.A. § 39-13-103; driving under the influence (“DUI”), fifth offense, see id. § 55-10-401; driving while his license was revoked (“DWLR”), fifth offense, see id. § 55-10-504; and violation of the open container law, see id. § 55-10-416. At sentencing, the trial court imposed a total effective sentence of three years’ incarceration by the agreement of the parties. In addition to challenging the sufficiency of the evidence to support his conviction of DUI, the defendant also argues that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the judgments of the trial court.