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State v. Butler6/24/2003
Tire and Wrecker, he helped the defendant render the motorcycle operational. He testified that after replacing the sparkplug and draining the cylinder, which was flooded with gas, the motorcycle promptly began to run and was driven off by the defendant. Mr. Henderson was uncertain how the flooding occurred in the defendant's motorcycle, but stated that it could have been a result of attempts to start the motorcycle without the sparkplug.
At the conclusion of the proof, the trial court instructed the jury on the offenses of driving or being in physical control of a motor vehicle under the influence of an intoxicant, see Tennessee Code Annotated section 55-10-401(a)(1) (1998 & Supp. 2002), and also driving or being in physical control of a motor vehicle with a blood or breath alcohol concentration of .10 or greater, see Tennessee Code Annotated section 55-10-401(a)(2) (1998 & Supp. 2002). Following deliberation, the jury returned guilty verdicts on both counts. The jury then heard evidence of the defendant's three prior convictions in Tennessee for driving under the influence . Following further deliberation, the jury found the defendant guilty of driving under the influence, fourth offense, see Tennessee Code Annotated section 55-10-403(a)(1) (1998 & Supp. 2002), and imposed a fine of $15,000.
At the sentencing hearing, the trial court sentenced the defendant to four years in the Department of Correction as a Range II offender and reduced the jury-assessed fine from $15,000 to $10,000. On appeal, the Court of Criminal Appeals affirmed both the defendant's conviction and his sentence and fine. For the reasons stated herein, we affirm the Court of Criminal Appeals and hold that the evidence was sufficient to support the defendant's convictions. We also hold that the defendant was properly sentenced and fined.
STANDARD OF REVIEW
The standard for appellate review when a criminal defendant challenges the sufficiency of the evidence is whether, "considering the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." State v. Reid, 91 S.W.3d 247, 276 (Tenn. 2002); see also Tenn. R. App. P. 13(e); Jackson v. Virginia, 443 U.S. 307 (1979); State v. Smith, 24 S.W.3d 274, 278 (Tenn. 2000). When reviewing the evidence, "the State is entitled to the strongest legitimate view of the evidence and to all reasonable and legitimate inferences that may be drawn therefrom." Smith, 24 S.W.3d at 279. Moreover, this Court does not substitute its own "inferences drawn from circumstantial evidence for those drawn by the trier of fact." Reid, 91 S.W.3d at 277.
In addition, the defendant challenges his sentence and fine as being overly harsh. In reviewing such a challenge, the task of the appellate court is to conduct a de novo review with a presumption that the sentence imposed by the lower court was correct. Tenn. Code Ann. § 40-35-401(d) (1997). This presumption is "conditioned upon the affirmative showing in the record that the trial court considered the sentencing principles and all relevant facts and circumstances." State v. Ashby, 823 S.W.2d 166, 169 (Tenn. 1991).
ANALYSIS
SUFFICIENCY OF THE EVIDENCE
Tennessee Code Annotated section 55-10-401(a) (1998 & Supp. 2002) ("section 55-10-401(a)") states: It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises which i
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