 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Jennings12/22/2003
FACTS
At the defendant's guilty plea hearing, the State summarized what its proof would have been had this matter proceeded to trial:
he State's proof would have been that in Sullivan County, Tennessee, on January 13th, 2002, officers from the Kingsport Police Department responded to Classic Pawn Shop, which is located at 1697 Lynn Garden Drive, with reference to an alarm. Upon their arrival there, they found that that business, Classic Pawn Shop, had a large hole cut into the building. An ax was s tting beside that hole.
Officers called for a K-9 Unit, and when the K-9 Unit arrived, they heard a noise in a bush . . . that sounded like someone running. They advised the people who were running to stop or the K-9 would be released.
The subjects were brought into custody. The Co-Defendant, Justin Sexton, was with the Defendant here today. They located several items . . . on the suspects that had been taken from the business, as well as a bag that contained some weapons and other items that were in excess of one thousand dollars ($1,000).
The damage to the building, in cutting it open, exceeded one thousand dollars ($1,000). During a search incident to arrest, the Defendant . . . had a brown plant material on his person, which was identified as marijuana, and he had some JOB Rolling Papers, which . . . could be used to consume the marijuana.
Approximately two months prior to the defendant's February 10, 2003, probation hearing, he voluntarily checked himself into a drug and alcohol treatment program at Indian Path Pavilion in Kingsport where he stayed about one week. There, he was diagnosed with a chemical imbalance and prescribed medications.
At the probation hearing, the defendant's brother, Thomas Dewayne Jennings, testified that after the defendant began taking medication for his chemical imbalance, he became "a different person." Prior to beginning the medication, the defendant drank all of the time and was angry; however, now that he was on the medication, he was calm. Jennings also said he had daily contact with the defendant and had not observed the defendant drinking in the last two months or since he began his medication.
Sayles Theodore Perry, an acquaintance of the defendant who had known him for nine months, testified that he had noticed a change in the defendant's demeanor since his return from the hospital, specifically, the defendant was calm and "wasn't radical like he used to be." Perry saw the defendant about every other day and had not observed him drinking any alcoholic beverages since his release from the hospital. He also said that he had drunk in the defendant's presence during the past two months, but the defendant refrained from drinking on those occasions.
Larry Jennings, the defendant's father, testified that he had daily contact with the defendant, and the defendant had "really changed" since beginning his medication and being released from the hospital. Specifically, he said that the defendant was no longer angry and had stopped drinking.
The defendant testified that he and Sexton had been drinking on the day of the burglary and admitted that he burglarized the pawnshop. Although he could not recall some of the details of the burglary because he had a blackout, he recalled begging the officers not to release the K-9 unit, surrendering himself, and telling Sexton, who proceeded to flee, that "there was no sense in running" from the police. He also remembered getting a duffel bag out of Sexton's car but denied taking anything from the pawnsh
Page 1 2 3 4 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|