State v. Baker

842 S.W.2d 261, 1992 Tenn. Crim. App. LEXIS 641
CourtCourt of Criminal Appeals of Tennessee
DecidedAugust 4, 1992
StatusPublished
Cited by16 cases

This text of 842 S.W.2d 261 (State v. Baker) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Baker, 842 S.W.2d 261, 1992 Tenn. Crim. App. LEXIS 641 (Tenn. Ct. App. 1992).

Opinion

OPINION

PEAY, Judge.

The defendant was found guilty by a jury of driving while under the influence of an intoxicant and driving on a revoked license. For these offenses he received consecutive sentences of 11 months and 29 days and six months respectively.1

Bringing this appeal as of right from the above convictions the defendant presents three issues for review. In his first two issues he contends that the evidence is insufficient as a matter of law to sustain his convictions while in his third issue he contends that the trial court erred in admitting into evidence records from the Department of Safety relating to the status of his driver’s license. We find the defendant’s issues to be without merit; thus, the judgment of the trial court is affirmed.

The proof offered on behalf of the State established that on June 16, 1990, at approximately 11:00 p.m. two Kingsport Police Department officers had been traveling in their cruiser and had come upon the defendant driving a vehicle which was weaving across the two east-bound lanes of Memorial Boulevard in Sullivan County. One officer testified that while the defendant’s speed had not been excessive, there had been no lights on the rear of the defendant’s vehicle. He added that the defendant had crossed the center line two or three times and had then run off the right shoulder almost striking the guard rail.

Both officers further testified that after emergency lights and sirens had been engaged, the defendant had traveled more than one mile before stopping his vehicle. These witnesses said that they had had difficulty getting the defendant to exit his vehicle, explaining that after the defendant had rolled up the driver’s window and had locked the door, one officer had had to aim his revolver at the defendant through the passenger window in order to get the defendant to open the door and get out of the van. When the defendant did step out of the vehicle, he stumbled and almost fell according to the officers. They added that the defendant had been unsteady on his feet and had required assistance to get to the patrol car.

In addition, one of the officers testified that there had been a strong odor of alcohol about the defendant, that his eyes had been bloodshot, and that his speech had been slurred. According to this officer no field sobriety tests had been attempted as the officer had been afraid that the defendant might injure himself in attempting to execute these tests. This witness further testified that the defendant had advised him that he did not have a driver’s license, had accused the officer of removing over ten thousand dollars ($10,000) in cash from his van, and had been very uncooperative and belligerent.

The other officer further testified that there had been a strong odor of alcohol in the defendant’s vehicle and that there had been several empty beer cans present therein. In this officer’s opinion, the defendant was intoxicated at the time of the arrest.

A third officer from the Kingsport Police Department was summoned to the scene to transport the defendant to the local jail. This officer testified that when asked for his driver’s license, the defendant had furnished one from the state of Virginia.

[263]*263The prosecution also offered proof from a sergeant with the Tennessee Highway Patrol who was an administrative hearing officer at the time of trial. This officer testified that he conducted hearings for individuals who had received a certain number of points based upon their driving records, that he maintained records in his office on those individuals, that he sent information to Nashville for the records division of the Department of Safety, and that he had access to all Department of Safety records concerning the driving histories of Tennessee residents. He further testified that he was allowed to retrieve records for production in cases such as this and, on cross-examination, stated that he was the records custodian for the “Fifth District”. According to this witness the records which he had secured on the defendant included information such as a birth date of April 12, 1958, and the defendant’s address. These records were also said to indicate that the defendant’s driving privileges had been in revoked status since April 18, 1983, and remained in that status at the time of this officer's testimony. Following this witness, the State recalled the arresting officer who testified that the defendant had given his birth date as April 12, 1958.

The defendant then offered proof from his brother and his sister-in-law who both testified that they had been with the defendant shortly before he had been arrested. These witnesses stated that the defendant had not been intoxicated, had not appeared to have been drinking, and had been speaking and walking normally.

Also testifying was a mechanic who had worked on the defendant’s vehicle to repair a steering problem several weeks prior to the defendant's arrest. There was also proof that the defendant had suffered from allergy problems which caused his eyes to be red, his face to swell, and his speech to become slurred.

In addition, the defendant testified that he had not consumed any alcohol prior to the time of the arrest, that he had experienced difficulty with the steering on his vehicle, and that he had obtained and presented one of the officers with a Virginia driver’s license. He explained that prior to the issuance of this license, he had been required to get things “straight” with the Tennessee Department of Safety. Furthermore, he testified that he had refused to take the breath test and blood test and stated that he had not taken the latter as he would have been required to pay the expenses for it. Finally, the defendant denied that he had been aware of any beer cans in his vehicle, that he had crossed the center line or had run off the shoulder of the road, or that he had questioned the officer about $10,000 cash being in his vehicle.

When an accused challenges the sufficiency of the convicting evidence, this Court must review the record to determine if the evidence adduced at the trial is sufficient to support the findings by the trier of fact of guilt beyond a reasonable doubt. T.R.A.P. 13(e). In determining the sufficiency of the evidence, we do not reweigh or re-evaluate the evidence, and we are required to afford the State the strongest legitimate view of the evidence contained in the record as well as all reasonable and legitimate inferences which may be drawn therefrom. State v. Cabbage, 571 S.W.2d 832, 835 (Tenn.1978).

Questions concerning the credibility of witnesses, the weight and value to be given to the evidence, as well as factual issues raised by the evidence are resolved by the trier of fact, not this Court. Cabbage, 571 S.W.2d 832, 835. A guilty verdict rendered by the jury and approved by the trial judge accredits the testimony of the witnesses for the State, and a presumption of guilt replaces the presumption of innocence. State v. Grace, 493 S.W.2d 474, 476 (Tenn.1973).

Furthermore, a defendant challenging the sufficiency of the evidence has the burden of illustrating to this Court why the evidence is insufficient to support the verdict returned by the trier of fact in his or her case.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re River L.
Court of Appeals of Tennessee, 2021
State of Tennessee v. Mardoche Olivier
Court of Criminal Appeals of Tennessee, 2018
State of Tennessee v. Pascasio Martinez
Court of Criminal Appeals of Tennessee, 2017
STATE OF TENNESSEE v. RICKEY BRADFORD
Court of Criminal Appeals of Tennessee, 2014
State of Tennessee v. Joshua Ethen Doyle
Court of Criminal Appeals of Tennessee, 2014
State v. Richard A. Green
Court of Criminal Appeals of Tennessee, 2010
State v. Mario Hawkins
Court of Criminal Appeals of Tennessee, 2010
Fusner v. Coop Construction Co.
211 S.W.3d 686 (Tennessee Supreme Court, 2007)
State of Tennessee v. William Parker, Jr.
Court of Criminal Appeals of Tennessee, 2004
State of Tennessee v. Don Woody McGowan
Court of Criminal Appeals of Tennessee, 2003
State of Tennessee v. Vernon DeWayne Waller
Court of Criminal Appeals of Tennessee, 2002
State of Tennessee v. Orlando Crayton
Court of Criminal Appeals of Tennessee, 2001
State v. Michael G. Waldrum
Court of Criminal Appeals of Tennessee, 2000
State v. Korsakov
34 S.W.3d 534 (Court of Criminal Appeals of Tennessee, 2000)
State v. Mark J. Turner
Court of Criminal Appeals of Tennessee, 1999
State v. Donnie Sisk
Court of Criminal Appeals of Tennessee, 1999

Cite This Page — Counsel Stack

Bluebook (online)
842 S.W.2d 261, 1992 Tenn. Crim. App. LEXIS 641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-baker-tenncrimapp-1992.