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Posted by: Landry Butler on Aug 31, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Wendal Jackson, Blountville, Tennessee, for the appellant, Jerry Floyd.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Barry Staubus, District Attorney General; and Benjamin Rowe, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Jerry Floyd, was arrested without a warrant for driving under the influence (DUI), third offense, a Class A misdemeanor, and several other traffic offenses not relevant to this review. See Tenn. Code Ann. §§ 55-10-401, -402(a)(3)(A). The Defendant consented to a bench trial in Sullivan County General Sessions Court and was found guilty of DUI, third offense. The Defendant then appealed to the Sullivan County Criminal Court. Following a bench trial, the Defendant was again found guilty of DUI, third offense. The trial court sentenced the Defendant to eleven months and twenty nine-days with 120 days to be served in confinement. The Defendant now appeals to this court, contending that the evidence was insufficient to sustain his conviction. Following our review, we conclude that the affidavit of complaint filed after the Defendant’s arrest was void and that no valid arrest warrant was issued in this case. Therefore, prosecution was never commenced in this matter within the applicable statute of limitations. Accordingly, we reverse and dismiss the judgment of the trial court.