State of Tennessee v. Jerry Elliott

The defendant, Jerry W. Elliott, was convicted by a Henderson County Circuit Court jury of driving under the influence (“DUI”), a Class A misdemeanor, and violations of the open container, financial responsibility, and registration laws, all Class C misdemeanors. He was sentenced to eleven months, twenty-nine days for the DUI conviction and thirty days for violations of the open container and registration laws. He also received fines for each conviction as well as for violation of the financial responsibility law. The trial court separately found the defendant guilty of violation of the implied consent law, for which his driver’s license was revoked for one year. On appeal, the defendant challenges the sufficiency of the evidence convicting him of DUI and also argues that his conviction for violation of the implied consent law is improper because the charging instrument is not in the record. After review, we affirm the judgments of the trial court.