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Posted by: Landry Butler on Dec 20, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Charles M. Agee, Jr., Dyersburg, Tennessee, for the appellant, Kyle J. Dodd.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Zachary T. Hinkle, Assistant Attorney General; C. Phillip Bivens, District Attorney General; and Charles T. Dyer, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Kyle J. Dodd, was convicted by a jury of driving under the influence (DUI), second offense, a Class A misdemeanor. See Tenn. Code Ann. §§ 55-10-401, - 402(a)(2). The trial court imposed a sentence of eleven months and twenty-nine days with fifty days to be served in confinement and the remainder to be served on supervised probation. On appeal, the Defendant contends that the trial court erred in denying his motion to suppress his statements to the investigating officer and “all evidence derived from” his statements because the officer did not properly inform him of his rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966). However, our review of the record reveals that the Defendant failed to raise this issue in a timely motion for new trial; thereby, waiving full appellate review. Additionally, we conclude that plain error review of the issue is not warranted. Accordingly, we affirm the judgment of the trial court.