State of Tennessee v. Jerry Lynn Norton

Appellant, Jerry Ray Norton, challenges his conviction for driving under the influence, fourth offense. As grounds, he claims that the State’s evidence did not prove that he operated a motor vehicle on a public roadway and that the officer’s failure to file an accident report should have resulted in dismissal of the indictment. Following our review, we affirm the judgments of the trial court. However, we remand the case for entry of corrected judgments on count four, driving on a revoked license, third offense, and count five, driving under the influence, fourth offense, reflecting a disposition of count one, driving under the influence, and count two, driving on a revoked license. The corrected judgments should reflect merger of count one into count five and count two into count four. The trial court should also enter a judgment disposing of the third count of the indictment, violation of the implied consent statute.