State v. Watson

Full title: STATE OF TENNESSEE, Appellee v. RANDY S. WATSON, Appellant

Court: Court of Criminal Appeals of Tennessee. at Jackson

Date published: Sep 17, 1997

No. 02C01-9610-CR-00377 (Tenn. Crim. App. Sep. 17, 1997)

Opinion

No. 02C01-9610-CR-00377.

September 17, 1997.

SHELBY COUNTY, Hon. Bernie Weinman, Judge.

AFFIRMED

FOR THE APPELLANT:

BRETT B. STEIN.

FOR THE APPELLEE:

JOHN KNOX WALKUP, Attorney General and Reporter.

KENNETH W. RUCKER, Assistant Attorney General.

WILLIAM L. GIBBONS, District Attorney General

REGINALD HENDERSON, Assistant District Attorney General.

OPINION

RILEY, Judge

Appellant contends the Habitual Motor Vehicle Offender Act (HMVO Act) violates double jeopardy principles. On May 9, 1996, appellant was declared an Habitual Motor Vehicle Offender (HMVO) based upon appropriate prior convictions. His motion to dismiss based upon double jeopardy was denied.

We AFFIRM the order of the trial court.

DOUBLE JEOPARDY AND THE HMVO ACT

State v. Conley, 639 S.W.2d 435, 437 (Tenn. 1982), found the double jeopardy defense to be unavailable to the HMVO declaration since the revocation of driving privileges is remedial and not punitive in nature. This reasoning has been followed in recent months by this Court in State v. Spears, C.C.A. No. 02C01-9606-CR-00197 (Tenn.Crim.App. filed July 10, 1997, at Jackson), and State v. Rowlett, C.C.A. No. 01C01-9605-CC-00211 (Tenn.Crim.App. filed August 22, 1997, at Nashville). Upon review of the record before us, we find nothing to cause us to hold differently.

CONCLUSION

For the foregoing reasons, we AFFIRM the judgment of the trial court.

___________________________________________________________ JOE G. RILEY, JUDGE

CONCUR:

___________________________________________________________ JOE B. JONES, PRESIDING JUDGE

__________________________________________________________ DAVID H. WELLES, JUDGE