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State v. Wallace

Court of Criminal Appeals of Tennessee, Nashville

May 17, 2018

STATE OF TENNESSEE
v.
TREVOR WALLACE

          Assigned on Briefs April 24, 2018 at Knoxville

          Appeal from the Circuit Court for Houston County No. 42CC1-2016-CR-83 David D. Wolfe, Judge

         The State of Tennessee appeals from the Houston County Circuit Court's order granting the Defendant, Trevor Wallace's, motion to dismiss the indictment charging him with driving under the influence. See T.C.A. § 55-10-401(a) (Supp. 2014) (amended 2015). The trial court granted the motion on the basis that the indictment failed to state an offense. The State contends that the trial court erred in granting the motion to dismiss. We reverse the judgment of the trial court and remand the case for further proceedings.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Reversed; Case Remanded

          Herbert H. Slatery III, Attorney General and Reporter; Leslie E. Price, Senior Counsel; Wendall Ray Crouch, Jr., District Attorney General; Talmage M. Woodall, Assistant District Attorney General, for the appellant, State of Tennessee.

          Frank J. Runyon III (on appeal and at hearing), and Gregory D. Smith (on appeal), Clarksville, Tennessee, for the appellee, Trevor Wallace.

          Robert H. Montgomery, Jr., J., delivered the opinion of the court, in which Alan E. Glenn and Timothy L. Easter, JJ., joined.

          OPINION

          ROBERT H. MONTGOMERY, JR., JUDGE

         The indictment charged the Defendant with the following conduct:

That TREVOR WALLACE heretofore, to-wit: on or about April 05, 2015, and prior to the finding of this indictment, in the County of Houston aforesaid, then and there, did unlawfully, while under the influence of an intoxicant, and/or drug, and while having an alcohol concentration in his blood or breath of ten hundredths of eight-hundredths of one percent (.08%) or greater, did drive and/or physically control an automobile and/or motorized vehicle upon a public highway and/or an area frequented by the public at large in said Houston County, Tennessee, in violation of T.C.A. 55-10-401, a Class A Misdemeanor, all of which is against the peace and dignity of the State of Tennessee.

         At the time of the alleged offense, Tennessee Code Annotated section 55-10-401 provided, in pertinent part:

(a) It is unlawful for any person to drive or be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, any shopping center, trailer park, apartment house complex or any other location which is generally frequented by the public at large, while:
(1) Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise possess;
(2) The alcohol concentration in the person's blood or breath is eight-hundredths of one ...

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