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Posted by: Tanja Trezise on Apr 15, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael A. Colavecchio, Nashville, Tennessee, for the appellant, Isaiah Lawler.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Brian Connor Adams and A. Allen Grant, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

Following a jury trial, the Defendant, Isaiah Lawler, was convicted of driving under the influence (DUI), fourth offense, a Class E felony; possession of an open container of beer while operating a motor vehicle, a Class C misdemeanor; and violation of the implied consent law. See Tenn. Code Ann. §§ 55-10-401, -403(a)(1)(A)(vi), -406, -416. As a result of these convictions, the Defendant received an effective two-year sentence. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for DUI, fourth offense; and (2) that the trial court, by accepting the jury’s guilty verdict with respect to the charge of DUI, fourth offense, failed to fulfill its duties as the thirteenth juror. Discerning no error, we affirm the judgments of the trial court.