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Posted by: Tanja Trezise on Aug 6, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Walter Bailey and Taurus Bailey (at trial and on appeal), and Claiborne H. Ferguson (on appeal), Memphis, Tennessee, for the appellant, June Loudermilk.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Michael McCusker, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

June Loudermilk (“the Defendant”) was convicted by a jury of driving under the influence (“DUI”), fourth offense. After a hearing, the trial court sentenced the Defendant to two years in the workhouse, suspended to supervised probation after seven months in confinement. In this direct appeal, the Defendant attacks the validity of his indictment and also contends that the trial court’s jury charge was so defective as to entitle him to a reversal of the jury’s determination that he was a multiple DUI offender. Upon our thorough review of the record and applicable law, we modify the trial court’s judgment of conviction and remand this matter for resentencing.