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Posted by: Tanja Trezise on Nov 7, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

John S. Anderson, Rogersville, Tennessee, for the appellant, Richard Tipton.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and David Baker, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Richard Tipton, was convicted of driving under the influence (DUI), fourth offense, a Class E felony; driving on a revoked license, third offense, a Class A misdemeanor; violation of the seatbelt law, a Class C misdemeanor; and failure to provide evidence of financial responsibility, a Class C misdemeanor. See Tenn. Code Ann. §§ 55-10- 401(a)(2), 55-50-504, 55-9-603(a)(1), and 55-12-139. The trial court sentenced the Defendant to serve one year and six months in the county jail. In this appeal as of right, the Defendant contends (1) that the evidence is insufficient to support his convictions and (2) that the trial court failed to consider the eight-year span of time in which the Defendant committed no crimes when determining his sentence, showing a lack of consideration of other sentencing factors. Following our review, we remand this case to the trial court for correction of the judgments because the Defendant was sentenced to the county jail instead of the Department of Corrections (DOC), as required by statute. In all other respects, we affirm the judgments of the trial court.