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State v. Bean9/18/2001
at the notation on the judgment indicating the appellant's representation by counsel at the time of his release on bond adequately established his representation at the time of his conviction.
Citing Baldasar v. Illinois, 446 U.S. 222, 100 S. Ct. 1585 (1980), this court has held that a prior DUI conviction may not be used to enhance the punishment for a subsequent DUI conviction unless the record of the first conviction affirmatively demonstrates that the defendant was either represented by counsel or waived his right to counsel during the prior proceedings. State v. O'Brien, 666 S.W.2d 484, 485 (Tenn. Crim. App. 1984); State v. James Todd Atkinson, No. 01C01-9712-CC-00558, 1999 WL 97916, at -2 (Tenn. Crim. App. at Nashville, February 18, 1999). Correspondingly, our supreme court has indicated that a facially invalid judgment cannot be used to enhance punishment in a subsequent prosecution. State v. McClintock, 732 S.W.2d 268, 272-273 (Tenn. 1987). A judgment that does not indicate that the defendant was represented by counsel or waived his right to counsel is facially invalid. State v. Whaley, 982 S.W.2d 346, 348 n.3 (Tenn. Crim. App. 1997); State v. Rigina Rollins Lettsome, No. 01C01-9809-CC-00370, 1999 WL 618971, at *2 (Tenn. Crim. App. at Nashville, August 11, 1999).
"` ndulg every intendment in favor of the validity of the [prior] judgment ,'" State v. Cottrell, 868 S.W.2d 673, 678 (Tenn. Crim. App. 1992), we conclude that it adequately demonstrates the appellant's representation by counsel at the time of his conviction. The judgment form designates only one location for recording the appellant's representation by counsel, and this location contains a signature. While we agree that the judgment form is poorly drafted, the appellant is not thereby entitled to relief.
III. Conclusion
For the foregoing reasons, we affirm the judgment of the trial court.
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