State of Tennessee v. Ricky R. Bowen

OPINION

in which JAMES CURWOOD WITT, JR. and ROBERT W. WEDEMEYER, JJ., joined.

The defendant, Ricky R. Bowen, is charged with driving under the influence of an intoxicant (DUI)- The state was granted an interlocutory appeal from the trial court’s order dismissing the second “count” of the indictment by which the defendant was subjected to enhanced minimum sentencing as a second time offender. The issue presented is whether a conviction for the first DUI offense must pre cede the commission of the second offense before a defendant may be convicted of DUI, second offense. We hold that the…