All Content

Posted by: Tanja Trezise on Jul 29, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Nicholas W. Utter (on appeal); and Thomas Overton (at hearing), Nashville, Tennessee, for the appellant, Terry Scott Yarbrough.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Tracy L. Alcock, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Elizabeth Foy, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Appellant, Terry Scott Yarbrough, pleaded guilty to driving under the influence (“DUI”), first offense, and received a sentence of eleven months, twenty-nine days, with all but fortyeight hours suspended to supervised probation. As a condition of the plea agreement, appellant reserved the right to certify a question of law challenging the trial court’s denial of a motion to suppress. Following our review, we conclude that we do not have jurisdiction to address the certified question of law because it does not comply with the strict requirements of Tennessee Rule of Criminal Procedure 37(b)(2) and State v. Preston, 759 S.W.2d 647 (Tenn. 1988). Accordingly, the appeal is dismissed.