Opinion
No. M2009-00528-CCA-R3-CD.
November 18, 2009 Session.
Filed August 25, 2010.
Appeal from the Circuit Court for Franklin County; No. 17750; J. Curtis Smith, Judge.
Judgment of the Circuit Court is Affirmed.
Norris A. Kessler, III, for the appellant, Edward Lee Adkins.
Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; J. Michael Taylor, District Attorney General; Steven M. Blount and William Copeland, Assistant District Attorneys General, for the appellee, State of Tennessee.
Jerry L. Smith, J., delivered the opinion of the court, in which Thomas T. Woodall and Camille R. McMullen, JJ., joined.
On the evening of May 25, 2007, Appellant, Edward Lee Adkins, was arrested at the hospital for driving under the influence ("DUI"). This arrest occurred after Trooper Brandon Hunt was called to the scene of an accident where he found a truck registered to Appellant upside down in a ditch. When Trooper Hunt arrived at the hospital, he smelled alcohol and ordered a blood alcohol test. Appellant's blood alcohol level was found to be 0.19 percent by the Tennessee Bureau of Investigation ("TBI") Crime Laboratory. The Franklin County Grand Jury indicted Appellant for two counts of DUI, one count of DUI, third offense, one count of reckless driving, and one count of violation of the registration law. After a jury trial, Appellant was convicted of both counts of DUI, reckless driving, and violation of the registration law. The trial court held a bench trial and determined that Appellant was guilty of DUI, third offense. Appellant was sentenced to an effective sentence of eleven months and twenty-nine days, with one hundred and twenty days to be served in jail and the remainder to be served on probation. On appeal, Appellant argues that the trial court erred in admitting the two convictions used to support his conviction for DUI, third offense because they were not self-authenticating. Appellant also argues that the evidence was insufficient to support his convictions for DUI, third offense and reckless driving. After a thorough review of the record, we conclude that both issues are without merit. Therefore, the judgments of the trial court are affirmed.