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Posted by: Tanja Trezise on Apr 2, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

John M. Boucher, Jr., Knoxville, Tennessee, for the appellant, Daniel A. Rogers.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; Randall Nichols, District Attorney General; and Kenneth F. Irvine, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Daniel A. Rogers (“the Defendant”) was convicted by a jury of driving under the influence, simple possession of a Schedule IV controlled substance, and driving on a suspended driver’s license. The Defendant also was convicted by the trial court of violating the implied consent law, resulting in the suspension of his driver’s license for one year. Following a sentencing hearing on his remaining convictions, the Defendant received a total effective sentence of eleven months and twenty-nine days suspended to supervised probation after the service of sixty days. In this direct appeal, the Defendant contends that he was denied a fair trial when the trial court declined to provide a jury instruction regarding the State’s duty to preserve evidence, and he challenges the sufficiency of the evidence supporting his convictions. After a thorough review of the record and applicable law, we affirm the judgments of the trial court.