State v. Willie Covington

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

SEPTEMBER 1997 SESSION FILED September 17, 1997

Cecil Crowson, Jr.

STATE OF TENNESSEE, ) Appellate C ourt Clerk ) No. 02-C-01-9610-CR-00378 APPELLEE, )

) Shelby County

v. )

) Joseph B. Dailey, Judge WILLIE L. COVINGTON, )

) (Petition to Declare Defendant APPELLANT. ) a Habitual Motor Vehicle Offender)

FOR THE APPELLANT: FOR THE APPELLEE:

Brett B. Stein John Knox Walkup Attorney at Law Attorney General & Reporter 100 North Main Street, Suite 3102 500 Charlotte Avenue Memphis, TN 38103 Nashville, TN 37243-0497

Deborah A. Tullis Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493

William L. Gibbons District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103

David Henry Assistant District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103

OPINION FILED: _________________________

AFFIRMED PURSUANT TO RULE 20

Joe B. Jones, Presiding Judge

OPINION

The appellant, Willie L. Covington (defendant), appeals as of right from a judgment

of the trial court declaring him to be a habitual motor vehicle offender and barring him from

operating a motor vehicle in the State of Tennessee. In this Court, the defendant does not

challenge the validity or sufficiency of the prior convictions alleged in the petition and used

by the trial court to support the entry of its judgment. However, the defendant contends

the use of the prior convictions to bar him from operating a motor vehicle constitutes an

additional civil penalty violative of the Double Jeopardy Clause of the Fifth Amendment.

After a thorough review of the record, the briefs submitted by the parties, and the

law governing the issue presented for review, it is the opinion of this Court that the

judgment of the trial court should be affirmed pursuant to Rule 20, Tenn. Ct. Crim. App.

See State v. Conley, 639 S.W.2d 435 (Tenn. 1982) (holding revocation of driving privileges

does not subject habitual offenders to double jeopardy).

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JOE B. JONES, PRESIDING JUDGE

CONCUR:

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DAVID H. WELLES, JUDGE

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JOE G. RILEY, JUDGE