Opinion
No. 02-C-01-9610-CR-00378.
September 17, 1997.
Shelby County, Joseph B. Dailey, Judge, (Petition to Declare Defendant a Habitual Motor Vehicle Offender).
AFFIRMED PURSUANT TO RULE 20
FOR THE APPELLANT:
Brett B. Stein, Attorney at Law.
FOR THE APPELLEE:
John Knox Walkup, Attorney General Reporter, Deborah A. Tullis, Assistant Attorney General, William L. Gibbons, District Attorney General, David Henry, Assistant District Attorney General.
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).
_____________________________________ JOE B. JONES, PRESIDING JUDGE
CONCUR:
___________________________________ DAVID H. WELLES, JUDGE
___________________________________ JOE G. RILEY, JUDGE