State of Tennessee v. Christopher T. Cochran

The defendant pled guilty in 2000 to vehicular homicide and the judgment ordered, in addition to setting the sentence at five years and the restitution amount, that he forfeit his driver's license for five years. Following his release from incarceration, he petitioned the trial court to reduce the period of suspension of his license to three years. The trial court granted this petition, and the State appealed, arguing that the court was without authority to alter the license revocation period. Upon our review, we find that the judgment, which was the basis for the defendant's request that the trial court reduce the suspension period to three years and the State's appeal of the court order doing so, had been superseded by an amended judgment entered several days after the first which corrected the listing of the statute for the defendant's conviction offense but omitted setting a period of suspension of his driver's license. Accordingly, we vacate the order of the trial court reducing the suspension period to three years and remand for entry of a second corrected judgment, this one to set a period for the license revocation.