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Posted by: Landry Butler on Apr 26, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Mark E. Stephens, District Public Defender; Jonathan Harwell (on appeal and at trial) and Denise M. Faili (at trial), Assistant Public Defenders, for the appellant, Jeffrey Douglas Gwinn.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; Charme P. Allen, District Attorney General; Joe Welker and Hayley Scheer, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Jeffrey Douglas Gwinn, was convicted of driving under the influence of an intoxicant (“DUI”). On appeal, he argues: (1) the evidence was insufficient to support his conviction; (2) the trial court erred by permitting the arresting officer to testify about Defendant’s fitness to drive a motor vehicle and his performance on field sobriety tests; and (3) the State committed prosecutorial misconduct during its rebuttal closing argument. We conclude that the evidence was sufficient and that the lay opinion testimony was proper. We also conclude that remarks in the State’s rebuttal were improper, but we find the error to be harmless. Accordingly, the judgment of the trial court is affirmed.