 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Wallen3/17/1999
The defendant, Clifton D. Wallen, who was convicted of violating an order declaring him a motor vehicle habitual offender, was also convicted of evading arrest while operating a motor vehicle. Both offenses are Class E felonies. Tenn. Code Ann. §§ 55-10-616, 39-16-603(b)(1). The trial court imposed consecutive, Range I sentences of two years for each offense. The defendant was fined $750.00.
In this appeal of right, the defendant presents the following issues for review:
"(I) whether the evidence is sufficient to support the convictions;"
"(II) whether the trial court erred by misapplying enhancement factors, by failing to apply mitigating factors, and by denying an alternative sentence;"
"(III) whether he was improperly deprived of appointed counsel at the preliminary hearing;"
"(IV) whether the trial court improperly restricted cross-examination of police officers during trial;"
"(V) whether the defendant was incompetent to represent himself;"
"(VI) whether the defendant was prejudiced because the trial court allowed only nineteen days to prepare for trial; and"
"(VII) whether the district attorney hindered the defendant's ability to represent himself by refusing to provide information about jury selection and subpoenas."
We affirm the judgment of the trial court.
On January 28, 1997, Randy Collier of the Mount Carmel Police Department observed the defendant driving a Ford Mustang in a parking lot. Officer Collier, who knew the defendant and suspected he had no driver's license, watched as the defendant parked his vehicle and entered a drugstore. Within minutes, the defendant left the drugstore, glanced at Officer Collier, and then entered an adjoining grocery store. Meanwhile, Officer Collier had called dispatch and verified that the defendant's license had been revoked. He also learned that the defendant was classified a motor vehicle habitual offender. Approximately thirty to forty-five minutes later, the defendant walked out of the grocery store, again glanced at the officer, and then drove down Main Street. Officer Collier followed in his cruiser for a short distance before activating the blue lights. When the defendant accelerated, Officer Collier turned on his siren and chased the defendant at speeds of 30 m.p.h. over the 20 m.p.h. speed limit. Several minutes later, the defendant stopped at his residence. Officer Collier informed him of his arrest for driving without a license. At that point, the defendant tossed his car keys into the bushes nearby and said, "I [was not] driving." Officer Collier then handcuffed the defendant and transported him to the Hawkins County Sheriff's Department. The defendant was belligerent and informed the officer that the only reason he had driven was to get some medication for his mother.
At trial, Officer Collier denied that he was stalking the defendant and testified that the basis for the stop was that the defendant was driving on a revoked license and was a motor vehicle habitual offender. Officer Travis Chapel of the Mount Carmel Police Department was with Officer Collier on the date of the offenses. He corroborated the testimony of Officer Collier. Holly Jaynes, the Hawkins County Circuit Court Clerk, presented the original order, entered March 1, 1996, declaring the defendant a motor vehicle habitual offender and barring him from driving for at least three years.
The defendant testified in his defense. He claimed that it was dark on the evening in question and that the officers were stalking him.
I.
Initially, the defendant challenges the sufficiency of the evidence
Page 1 2 3 4 5 6 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|