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Posted by: Barry Kolar on Mar 14, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Greg W. Eichelman, District Public Defender; DeAnna M. Snyder (at trial), Assistant Public Defender; and Douglas T. Jenkins (at the motion for new trial and on appeal), Rogersville, Tennessee, for the appellant Sue Ann Christopher.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Senior Counsel; C. Berkeley Bell, Jr., District Attorney General; and Connie Trobaugh, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Sue Ann Christopher, was convicted by a Hancock County Criminal Court jury of first offense driving under the influence (DUI), a Class A misdemeanor, DUI accompanied by a child under the age of eighteen, a Class A misdemeanor, unlawful possession of prescription drugs, a Class C misdemeanor, and violating the implied consent law. See T.C.A. §§ 55-10-401, 53-10-105, 55-10-406(3) (2012). The trial court merged the DUI conviction with the DUI accompanied by a child under the age of eighteen conviction. The court sentenced the Defendant as a Range I, standard offender to concurrent terms of eleven months and twenty-nine days, with 120 days to be served in confinement for the DUI conviction and thirty days’ confinement for the drug-related conviction. On appeal, the Defendant contends that her sentence for the DUI accompanied by a child conviction is excessive. We affirm the judgments of the trial court.