Assigned on Briefs April 2, 2019
from the Circuit Court for Madison County No. 17-438 Kyle
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.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
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
Everett Williams, P.J., delivered the opinion of the court,
in which Alan e. Glenn and Timothy L. Easter, JJ., joined.
EVERETT WILLIAMS, PRESIDING JUDGE
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.
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
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.
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.
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 ...