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State v. Blake6/21/2005
August 28, 1995. The defendant relies on State v. Robert Williams, No. 03C01-9302-CR-00050 (Tenn. Crim. App., Knoxville, Apr. 2, 1996), as support for this contention. Robert Williams, however, is clearly distinguishable. In that case, the court set aside a death sentence because the evidence was insufficient to show that the defendant was the same person convicted in other cases that the state introduced as the defendant's previous convictions; for its proof, the state had attempted to show identity based only on records containing the same name as the defendant Robert Williams. In the instant case, the state offered evidence showing that an individual with both the same name and date of birth as the defendant pleaded guilty to the requisite prior DUI. That evidence, we hold, properly permitted the jury to conclude that the individuals were one and the same.
Finding the evidence sufficient to sustain the defendant's conviction for aggravated vehicular homicide, we affirm the trial court's judgment.
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