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State v. Warren3/14/2002
FACTS
Millington Police Officer Francis Cherry testified he was patrolling on March 19, 1999. At approximately midnight, Officer Cherry observed the defendant's vehicle make two turns without an activated turn signal. Officer Cherry initiated his cruiser's emergency lighting and stopped the vehicle. He smelled alcohol when the defendant lowered her window, and the defendant "fumbled" for her driver's license. Officer Cherry further testified that the defendant's speech was "slurred," and when he ordered her out of the vehicle, she "staggered" toward him. Officer Cherry took her into custody and transported her to the station and administered field sobriety tests.
Officer Cherry testified the defendant's speech remained slurred after they arrived at the station; when he administered the "walk and turn," "one-legged stand," "balance," and "finger to nose" sobriety tests, she failed each test; she "almost fell down" when she turned during the "walk and turn" test; her pants were wet and smelled of alcohol; she experienced swings in her emotions - "one minute laughing . . . he next minute crying;" she refused to submit to a blood alcohol test. Officer Cherry opined the defendant was under the influence of an intoxicant.
Luke Winsler, the defendant's boyfriend, testified that on the day the defendant was arrested, he was in his "regular hangout," "The Hideaway" bar, "getting drunk." He further testified that for seven hours he had been drinking on a half gallon of straight Kentucky bourbon over ice, his regular brew, when the defendant arrived between 11:00 p.m. and midnight. He stated that after his "pinkie finger" caught the "pretty stout" glass of straight bourbon which spilled all over the defendant, the defendant left to change clothes. Winsler conceded he was "pretty toasted" as he "always on weekends." The experienced Winsler bragged, "I've been known to drink a whole half a gallon in one night."
Bonnie Conklin, the bartender, testified Winsler, a former regular at The Hideaway but presently "barred," was in a "fighting mood" and had been "drunk all day" when the defendant arrived at approximately 11:00 p.m. She said the defendant had worked a double shift that day; she ordered a Dr. Pepper soda; she did not drink any alcohol; her speech was not slurred; she had stitches in her eye from surgery; and Winsler purposively threw his drink on her, "drench " her with alcohol.
The defendant testified she stopped at the bar to pick up Winsler after working a double shift. She further stated she ordered a Dr. Pepper soda, did not consume alcohol, and when Winsler accidentally spilled his drink on her, she left to go home to change clothes. In route, the officer pulled her over; he "acted like a drill sergeant;" he "holler ;" and when she asked that he cease shining lights in her eyes due to her recent eye surgery, he shined his flashlight in her eyes and stated that she "had no damn stitches in eye." She conceded she had difficulty taking her license out of its holder; she "copped an attitude" with him after he shined the light; and she used profanity.
I. SUFFICIENCY OF THE EVIDENCE
The defendant contends the evidence is insufficient to sustain her conviction. We respectfully disagree.
A. Standard of Review
When an accused challenges the sufficiency of the evidence, this court must review the record to determine if the evidence adduced during the trial was sufficient "to support the finding by the trier of fact of guilt beyond a reasonable doubt." Tenn. R. App. P. 13(e). In determining the sufficiency of the evidence, this court does not reweigh or reevaluate the evidence. State v. Cabba
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