State v. Lonny Hazelwood

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED MAY 1998 SESSION

September 18, 1998

Cecil W. Crowson

STATE OF TENNESSEE, * No. 01C01-9705-CC-00175 Clerk Appellate Court

Appellant, * Williamson County vs. * Hon. Henry Denmark Bell, Judge LONNY D. HAZELWOOD, * (Rule 9, Interlocutory Appeal)

Appellee. *

CONCURRING OPINION

I concur in the result reached by the majority, I write separately only to express my belief that at most this record demonstrates negligence on the part of the district attorney’s office in making the blood alcohol test results available to the defense in a timely fashion. While this negligence did in fact deprive the defendant of the means to conduct a full defense to the charges against him, I find no evidence of bad faith on the part of the prosecutor’s office as suggested by the majority’s reference to State v. Golden, 941 S.W.2d 905 (Tenn. Crim. App. 1996). Nevertheless, the defendant must not be denied, even through negligence, of the ability to defend himself. I therefore concur that the judgment of the trial court must be affirmed.

______________________________

JERRY L. SMITH, JUDGE