Assigned on Briefs September 4, 2019
from the Circuit Court for Madison County No. 18-700 Roy B.
Morgan, Jr., Judge.
a trial, a Madison County jury convicted Defendant, Tony F.
Boyle, of driving under the influence (DUI). The trial court
imposed a sentence of eleven months and twenty-nine days,
which was suspended to community corrections supervision
following the service of thirty days in jail. On appeal,
Defendant contends that the evidence presented at trial was
insufficient to support his conviction. Following a thorough
review, we affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Morton Googe, District Public Defender, and Jeremy B.
Epperson, Assistant District Public Defender, Jackson,
Tennessee, for the appellant, Tony F. Boyle.
Herbert H. Slatery III, Attorney General and Reporter;
Nicholas W. Spangler, Senior Assistant Attorney General; Jody
Pickens, District Attorney General; and Eric Wood, Assistant
District Attorney General, for the appellee, State of
L. Holloway, Jr., J., delivered the opinion of the court, in
which Alan E. Glenn and Timothy L. Easter, JJ., joined.
L. HOLLOWAY, JR., JUDGE.
and Procedural Background
Kenneth Shell of the Jackson Police Department testified that
he was on patrol on the evening of November 24, 2017, when he
was dispatched to the area of Carruthers Drive and Scallion
Street in Madison County. The dispatcher advised that an
eighteen-wheel truck struck a fire hydrant and was blocking
the intersection. Officer Shell recalled that, when he
arrived, he saw that the truck's trailer was "kind
of caddy-corner between the two streets . . . and water [was]
everywhere from the fire hydrant." Officer Shell spoke
to the driver of the truck, Defendant, who was still sitting
in the driver's seat. Officer Shell testified that
Defendant smelled of alcohol and that his speech was slurred.
Officer Shell asked for Defendant's driver's license
and noticed that Defendant had trouble locating the license.
Defendant kept going between his wallet and some paperwork,
and Officer Shell had to ask Defendant several times for his
Defendant located his driver's license and provided it to
Officer Shell, Officer Shell asked Defendant to get out of
the truck. When Defendant complied, Officer Shell noticed
that Defendant was unstable on his feet. Defendant told
Officer Shell that he was coming from a relative's house
and was trying to get back out on the road for work. Officer
Shell testified that Defendant had been unable to make the
turn at the intersection. Officer Shell explained that once
additional officers arrived, he began directing traffic, and
he called a tow company. Officer Shell agreed that he did not
see any alcohol in the truck.
William Lewis of the Jackson Police Department testified that
he had training in DUI enforcement, including "one solid
week in the academy for standardized field sobriety
tests[.]" He recalled that, on November 24, 2017, he was
on patrol when he was dispatched to the intersection of
Scallion and Carruthers around 5:50 p.m. When he arrived,
Officer Lewis spoke to Officer Shell, who reported that
Defendant's speech was slurred. Officer Lewis approached
Defendant, who was still sitting in the driver's seat.
Officer Lewis could smell an odor of alcohol coming from
inside the truck and noted that Defendant spoke with slurred
speech. Officer Lewis stated that he wore a body camera
during his interaction with Defendant that evening; he
identified a DVD containing the body camera footage, and it
was admitted as an exhibit to his testimony.
Lewis found a flat area near the passenger side of the truck
to conduct field sobriety tests. Officer Lewis asked
Defendant to get out of the truck to perform the tests.
Officer Lewis testified that Defendant had problems following
his instructions and that he had to repeat instructions
several times. Officer Lewis first instructed Defendant to
put his arms to his sides, but Defendant put his hands in his
pockets. Officer Lewis asked Defendant to stare at and follow
the tip of his finger with just his eyes. Officer Lewis
recalled, however, that Defendant would not follow his finger
and that ...