 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Lawson9/19/2001
Assigned on Briefs July 25, 2001
The Defendant pled guilty to one count of theft over $1,000.00 and the trial court sentenced her as a Range I standard offender to three years probation. The Defendant appeals from the revocation of her probation, contending that the trial court abused its discretion by ordering her to serve the remainder of her sentence in confinement. Because we conclude that the record supports that trial court's decision to revoke the Defendant's probation, we affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
Robert W. Wedemeyer, J., delivered the opinion of the court, in which Thomas T. Woodall and James Curwood Witt, Jr., JJ., joined.
OPINION
On November 10, 1997, the Cumberland County Grand Jury indicted the Defendant, Janet Lawson, for one count of theft over $1,000.00. On July 24, 1998, the Defendant pled guilty to the indicted offense, a Class D felony, and received a three-year sentence as a Range I standard offender. The Defendant was placed on probation to be supervised by the Community Corrections program. On April 10, 2000, a probation violation warrant was issued against the Defendant, alleging that she had been arrested and charged with disorderly conduct and driving under the influence .
On September 28, 2000, the trial court conducted a violation of probation hearing. Officer Jimmy Erwin of the Meigs County Sheriff's Department testified that on March 24, 2000, he was called to the Pleasure Island convenience store. Upon his arrival, the manager of the convenience store asked Officer Erwin to remove the Defendant from his business establishment because she was bothering customers and using vulgar language. Officer Erwin testified that the Defendant's speech was slurred, that she was unsteady on her feet, and that she appeared to be intoxicated, although he did not smell alcohol on her. He stated that she was "very, very abusive." After escorting the Defendant out of the store, Officer Erwin attempted to give the Defendant "some tests and to talk to her," and she became very abusive, cursing and swearing at the officer. Officer Erwin then arrested the Defendant for disorderly conduct. The officer testified that the Defendant was booked and "processed through."
Approximately three to four hours later, Officer Erwin was driving on Highway 68 in Meigs County when he noticed a vehicle pulling off the highway onto the shoulder of the road. The officer turned his patrol car around and pulled behind the vehicle to see if its occupants "were okay or having problems." It was then that Officer Erwin saw that the driver of the vehicle was the Defendant. The Defendant told Officer Erwin that her car had quit, and she pulled it over. After asking the Defendant to step out of the car, Officer Erwin observed the Defendant to be "very unstable," and he noted that her speech was "even more slurred." He recalled, "I could barely understand her." The Defendant failed the field sobriety tests that Officer Erwin administered to her.
The Defendant told Officer Erwin that she had not been drinking, but that she was on three or four different pain medications. Officer Erwin testified that in his opinion, the Defendant's behavior was not consistent with that of someone taking several pain medications. Based upon his observations, Officer Erwin arrested the Defendant and charged her with driving under the influence .
The Defendant also testified at the hearing. She reported that she had been on disability since 1996 because she had undergone back surgery for a ruptured disc in 1995 and because she had suffered a "nervous
Page 1 2 3 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|