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State v. Hill11/7/2001
06 (Tenn. Crim. App. 1996), our court tolled the ten-year period during the time a defendant deliberately absented himself from the jurisdiction. However, in the case at bar, as in Conway, the State does not argue, and the record does not reflect, that Defendant Hill has absented himself from the jurisdiction of the court. Therefore, the exception to the rule does not apply.
All of the Defendant's prior convictions for DUI occurred more than ten years prior to the conviction for the present offense on appeal, which was February 23, 2000. Accordingly, he cannot be sentenced as a multiple DUI offender pursuant to Tennessee Code Annotated section 55- 10-403(a)(3).
CONCLUSION
As the present conviction on appeal occurred more than ten years after any of Defendant's prior convictions for DUI, Defendant was improperly sentenced as a DUI third offender. The conviction is affirmed, however, to the extent that the trial court sentenced Defendant as a third offender, we reverse the judgment, and remand this case for re-sentencing for a DUI, first offense.
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