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Posted by: Chandra Williams on Jun 22, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Mark E. Stephens, District Public Defender; Jonathan Harwell and Christy Murray, Assistant Public Defenders (on appeal); and Lauren A. Carroll (at trial), Morristown, Tennessee, for the appellant, Thomas Santelli.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilbur, Senior Counsel; Charme Allen, District Attorney General; and Sarah Keith, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Thomas Santelli, was convicted of one count of driving under the influence (DUI), one count of DUI second offense, and one count of violating the implied consent law. Defendant received a sentence of eleven months and twenty-nine days suspended to probation with all but 100 days to be served in periodic confinement pursuant to court order. Defendant raises the following arguments on appeal: (1) the trial court erred in excluding evidence of a prior traffic stop; (2) the trial court erred in allowing lay opinion testimony of Defendant?s impairment; (3) the prosecutor committed prosecutorial misconduct during closing argument; (4) the evidence was insufficient to sustain his conviction; and (5) there was a constructive amendment to the indictment and a fatal variance between the indictment and the evidence presented at trial. Upon our review of the record, we affirm the judgments of the trial court but remand for reconsideration of the manner of service of Defendant?s sentence.