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Posted by: Landry Butler on Aug 4, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Barry Staubus, District Attorney General; and Benjamin Rowe, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Stephen M. Wallace, District Public Defender; and Steven D. Bagby, Assistant Public Defender, for the appellee, David Allen Jackson.

Judge(s): THOMAS

The Defendant, David Allen Jackson, was arrested without a warrant for driving under the influence (DUI), a Class A misdemeanor; failure to exercise due care while driving, a Class C misdemeanor; and failure to provide evidence of financial responsibility, a Class C misdemeanor. See Tenn. Code Ann. §§ 55-8-136, -10-401, -12-139. Over a year after the Defendant?s arrest, he waived his right to a preliminary hearing and agreed to have his case bound over to the grand jury. The grand jury subsequently indicted the Defendant for the misdemeanor offenses listed above as well as two counts of reckless aggravated assault, a Class D felony. See Tenn. Code Ann. § 39-13-102. After the grand jury returned the indictment, the Defendant filed a motion in Sullivan County Criminal Court seeking to dismiss the misdemeanor charges. The Defendant argued that the affidavit of complaint filed following his arrest was void and that prosecution had not commenced with respect to the misdemeanor charges until after the applicable statute of limitations had expired. The trial court granted the Defendant?s motion to dismiss the misdemeanor charges. The State sought and was granted an interlocutory appeal of the trial court?s decision. On appeal, the State contends that the fact that the affidavit of complaint was sworn before a notary public rather than a qualified judicial officer was a mere “technical defect” that should not render it void. Following our review, we affirm the judgments of the trial court.