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State v. Taylor4/29/2002
On March 6, 2000, a Franklin County Grand Jury returned a seven count indictment against defendant, Randall Taylor, charging him with driving under the influence of an intoxicant, third offense; driving on a revoked license, second offense; and reckless driving.
A jury trial was conducted, and defendant was found guilty of driving on a revoked license, second offense. The trial court dismissed the count of reckless driving, and a mistrial was entered on the count of DUI because the jury could not reach a verdict.
Defendant was ordered to serve eight months of the eleven-month, twenty-nine day sentence in the county jail with the balance on probation. He was also ordered to pay a fine of $3,000.00.
Defendant successfully sought a reinstatement of his bond on November 8, 2000. Defendant filed a motion for new trial which was denied by the trial court on December 1, 2000. Defendant's notice of appeal was timely filed on January 2, 2001.
On this appeal, defendant specifically challenges the sufficiency of the evidence as to whether the State proved beyond a reasonable doubt that defendant was driving on February 3, 2000.
This issue is presented because defendant was charged with driving on a revoked license on February 3, 2000, and defendant's driving record status on February 3 was that of revoked as set forth in a trial exhibit consisting of a report that showed that on February 3, 2000, the defendant's driving privileges were revoked. Defendant contends that the wreck may well have occurred late on February 2, 2000, and the jury had insufficient evidence to conclude that defendant was driving on February 3, 2000.
Facts
During the early morning hours of February 3, 2000, a resident of Huntland, Tennessee, called 911 to report that a suspicious person was knocking on the door of the caller's house. The 911 dispatcher reported this over the police radio, which was heard by Officer Thomas Davidson. The caller's location was at the intersection of David Crockett Highway and Post Oak Road. Officer Davidson verified the location as he was not familiar with the address. He then realized that he was already near the location, and as he pulled onto Post Oak Road, he saw defendant walk across the street. Officer Davidson pulled off to the side of the road and questioned defendant. Defendant stated that he was looking for a ride, and Officer Davidson noticed a truck "half-way in the ditch." Officer Davidson asked defendant if the truck belonged to defendant, and defendant responded that the truck belonged to a friend. Officer Davidson asked defendant if he was driving the truck, and defendant responded, "Yes, I was." Officer Davidson then asked to see defendant's drivers license.
Officer Davidson testified that defendant appeared to be having difficulty standing, so Officer Davidson asked defendant to sit on the tailgate of the truck. Officer Davidson testified that he noticed an odor of alcohol on defendant and stated that defendant appeared to be under the influence of an intoxicant. Officer Davidson then returned to his patrol car to check the status of defendant's license and wait for Sergeant Wayne Morris of the Franklin County Sheriff's Office to arrive. Officer Davidson testified that he did not find out how long the truck had been there.
Sergeant Morris arrived on the scene "sometime after midnight, probably 1:00, 1:30, maybe 2:00." He described his involvement as being "in a very early morning of February 3, 2000." Sergeant Morris conducted an accident investigation and stated that the truck "had impacted something, and the right front tire was bent back under the frame of the vehicle." Def
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