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State v. Smith

Court of Criminal Appeals of Tennessee, Jackson

May 6, 2019

STATE OF TENNESSEE
v.
JACOB SMITH

          Assigned on Briefs April 2, 2019

          Appeal from the Circuit Court for Madison County No. 17-438 Kyle Atkins, Judge.

         The Defendant, Jacob Smith, was convicted of driving under the influence of an intoxicant ("DUI") and leaving the scene of an accident. He received an effective sentence of eleven months and twenty-nine days suspended after five days of incarceration. On appeal, the Defendant challenges the sufficiency of the evidence to support his DUI conviction. Upon review of the record and applicable law, we affirm the trial court's judgments.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Circuit Court Affirmed

          Lloyd R. Tatum (on appeal) and G.W. Sherrod III (at trial), Henderson, Tennessee, for the Appellant, Jacob Smith.

          Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Assistant Attorney General; Jody Pickens, District Attorney General; and April Knight, Assistant District Attorney General, for the Appellee, State of Tennessee.

          John Everett Williams, P.J., delivered the opinion of the court, in which Alan e. Glenn and Timothy L. Easter, JJ., joined.

          OPINION

          JOHN EVERETT WILLIAMS, PRESIDING JUDGE

         FACTUAL BACKGROUND

         On November 6, 2017, Mr. Ricky White and Mrs. Linda White awoke at approximately 4:00 a.m. to the sound of a vehicle crashing into their home. When they ran to the front door to see what had caused the sound, they discovered that they were unable to open the front door. When she was able to open the door, Mrs. White saw the Defendant standing outside with "a gash on his head." The Defendant apologized, asked them not to call the police, and assured them that he would pay for the damage. Mrs. White testified that she told the Defendant that she planned to call the police.

         Mrs. White returned inside to call 9-1-1, and Mr. White went inside to get a jacket. When they went back outside, the Defendant was gone. At trial, Mrs. White testified that she did not see anyone other than the Defendant outside. Mrs. White stated that there was approximately $70, 000 of damage to her house. On cross-examination, she stated that her insurance covered the damages and that although she did have to pay a deductible of $1, 000, she was later reimbursed for that amount.

         Mr. White's testimony was consistent with his wife's testimony. Mr. White said that he went outside through the carport door and spoke with the Defendant for approximately five to ten minutes. The Defendant asked him not to call the police and offered to pay for the damage.

         Madison County Sheriff's Deputy Dale Baker was the first officer to arrive on the scene. He saw a black, four-door car sitting in the corner of the brick house. Deputy Baker said that the Whites were the only people there when he arrived. Deputy Baker recalled that Mr. White described the man who had wrecked the car into the house. Mr. White described him as a white male, approximately six feet tall, clean cut, light brown hair, and he had a gash on his forehead.

         Deputy Baker stated that the driver's side airbag was the only airbag that had deployed and that the only indention on the windshield was also on the driver's side. While Deputy Baker was conducting an inventory search of the vehicle, he found paperwork with the Defendant's name and address on it. Deputy ...


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