STATE OF TENNESSEE v. ALEX HARDIN HUFFSTUTTER - Articles

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Posted by: Tanja Trezise on Aug 28, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael D. Noel, Brentwood, Tennessee, for the appellant, Alex Hardin Huffstutter.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Grove Collins, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

The appellant, Alex Hardin Huffstutter, entered a plea of nolo contendre to driving under the influence (DUI), reserving the following certified question of law concerning whether Tennessee Code Annotated section 40-35-313 (2007) precludes judicial diversion for a charge of DUI. The State contends that the question presented is not dispositive and, therefore, that this court is without jurisdiction to consider the appeal. Upon review of the record and the parties’ briefs, we agree with the State and conclude that the appeal should be dismissed.