State of Tennessee v. Mary Ann McNeilly

A Franklin County Circuit Court jury convicted the appellant, MaryAnn McNeilly, of driving under the influence (DUI), a Class A misdemeanor. The trial court sentenced her to eleven months and twenty-nine days, to be suspended after serving ten days in confinement; imposed a three hundred fifty dollar fine; ordered that she perform one hundred hours of public service; and suspended her driver’s license for one year. On appeal, the appellant claims (1) that the trial court should have suppressed her statement to a police officer; (2) that the trial court improperly allowed the State to replay a videotape of the appellant’s stop for the jury; (3) that the trial court improperly admitted the appellant’s blood test results into evidence because the State failed to establish a proper chain of custody; (4) that the trial court erred by refusing to allow defense witnesses to testify about the appellant’s character; (5) that the evidence is insufficient to support the conviction; (6) that her sentence is excessive; and (7) that these cumulative errors denied the appellant her right to a fair trial.  Upon review of the record and the parties’ briefs, we affirm the appellant’s conviction but modify her sentence to reflect that she is to serve five days in confinement and remand the case for entry of an amended judgment.