STATE OF TENNESSEE v. ERIC DWAYNE WILSON - Articles

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Posted by: Landry Butler on May 25, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert S. Peters, Winchester, Tennessee, for the appellant, Eric Dwayne Wilson.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel, Assistant Attorney General; Lisa Zavogiannis, District Attorney General; and Darrell Julian, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Defendant, Eric Dwayne Wilson, in a jury trial, was convicted of third offense driving under the influence of an intoxicant (DUI), and of violating the implied consent law following a bench trial. Defendant pleaded nolo contendere to failure to stop at a stop sign and failure to have each required lamp and stoplight in operating condition. Defendant received a sentence of eleven months, twenty-nine days, with three hundred days of confinement in the county jail and the remainder of the sentence on supervised probation. He was also ordered to pay a $5,000 fine, and his license was revoked for six years. Concerning the implied consent violation, the judgment form indicates that Defendant’s driver’s license was revoked for one year “consecutive to any revocation or suspension currently in effect.” Defendant was also sentenced to thirty days each for failure to stop at a stop sign and failure to have each required lamp and stoplight in operating condition to be served concurrently with the DUI charge. On appeal, Defendant contends that the evidence was insufficient to support his conviction for DUI and that there was no proof relating to the implied consent form and the search warrant. After a thorough review of the record, we affirm the judgments of the trial court.

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