Legal Opinion

State of Tennessee v. Paul H. Clever

Court of Criminal Appeals of Tennessee

Decided September 14, 2001No. W2000-01810-CCA-R3-CDPublishedCited by 6 opinions

1Opinion of the Court

OPINION

GLENN, Judge.

The defendant pled guilty to driving under the influence and was sentenced as a multiple offender. In this appeal as of right, the defendant alleges that (1) the trial court erred in finding that he was a third offender for purposes of sentencing, and (2) the DUI sentencing statute is unconstitutional because it is vague and has an ex post facto effect. After careful review, we affirm the defendant’s conviction and sentence.

DISCUSSION

On August 8, 1999, the defendant was charged in a three-count indictment, the first two counts for DUI, Tenn.Code Ann. § 55-10-401, and the…

2Cases cited14 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Burgett v. TexasSupreme Court of the United States · 1967
  4. Parke v. RaleySupreme Court of the United States · 1993
  5. Blankenship v. StateTennessee Supreme Court · 1993

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3Cited by6 opinions

  1. State v. PoseyCourt of Criminal Appeals of Tennessee · 2002
  2. State of Tennessee v. Larry Wade GibsonCourt of Criminal Appeals of Tennessee · 2004
  3. State of Tennessee v. Pascasio MartinezCourt of Criminal Appeals of Tennessee · 2017
  4. State of Tennessee v. Ricky Lynn Norwood, AliasCourt of Criminal Appeals of Tennessee · 2006
  5. State of Tennessee v. Sylvester Gailes, Jr.Court of Criminal Appeals of Tennessee · 2000

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