State of Tennessee v. Joseph Kevan Clark

On July 21, 2005, the appellant, Joseph Kevan Clark, was convicted by a Dyer County jury of violating Tennessee Code Annotated section 55-10-616, a section of the Motor Vehicle Habitual Offender Act. On September 27, 2005, the appellant was sentenced to five years’ incarceration as a Range III offender. He appeals the judgment,  contending that his conviction is invalid because the underlying order declaring him to be a motor vehicle habitual offender was not properly entered pursuant to Tennessee Rule of Civil Procedure 58. Because we have previously held that an individual must utilize the provisions of Tennessee Rule of Civil Procedure 60.02 to challenge an order declaring the individual to be a motor vehicle habitual offender, we affirm the judgment of the trial court. The appellant also contends that the five-year sentence imposed by the trial court was excessive. Because the trial court appropriately considered both mitigating and enhancement factors, we affirm the sentence imposed by the trial court.