State of Tennessee v. William C. Austin, Jr.

Defendant, William C. Austin, Jr., appeals from his guilty plea and resulting conviction for driving as a motor vehicle habitual offender (“MVHO”), for which he received a sentence of four years and six months. Defendant does not challenge the other convictions or sentences he received as a result of his guilty plea. On appeal, Defendant argues that after his arrest, but before his guilty plea and sentencing, the Tennessee Legislature amended the Motor Vehicle Habitual Offenders Act and that as a result of the amendment he was entitled to the lesser penalty under the criminal savings statute of Tennessee Code Annotated section 39-11-112 with respect to his conviction for driving as a MVHO. After a review, we agree with Defendant. As a result, we reverse and remand the judgment of the trial court with respect to Defendant’s conviction for driving as a MVHO. We remand the matter for entry of sentences in Counts 2 and 3. The remaining convictions and sentences are affirmed.