All Content

Posted by: Landry Butler on Jun 20, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Anthony L. Clark and Chad A. Cox, Paris, Tennessee, for the appellant, Stephen W. Jaco.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; W. Ray Crouch, Jr., District Attorney General; and Talamage Woodall and Jack Arnold, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

A Humphreys County jury convicted the Defendant, Stephen W. Jaco, of driving under the influence (DUI) and unlawfully possessing a firearm while under the influence of alcohol. The trial court sentenced him to eleven months and twenty-nine days for each conviction to be served concurrently and on probation, after serving four days in jail. The trial court fined the Defendant $350 for his DUI conviction. On appeal, the Defendant challenges the sufficiency of the evidence for his DUI conviction, the trial court’s imposition of a fine, the trial court’s failure to join all charges in one indictment, and the trial court’s denial of his motion to dismiss based on double jeopardy principles. We conclude that the trial court erred in imposing the fine for the Defendant’s DUI conviction, and we reverse the trial court’s imposition of the fine and remand the matter for the empaneling of a jury to fix the fine. The trial court’s judgments are otherwise affirmed.