State v. Hulse

OPINION

WADE, Judge.

The state appeals an order of the Washington County Circuit Court dismissing the second of a two count indictment charging the defendant with second offense driving under the influence.

The issue presented for review is whether the trial court improperly concluded that the prior DUI conviction was facially invalid and, therefore, the evidence of guilt insufficient. As a preliminary issue, the state claims that our court has jurisdiction to entertain their appeal under Tenn.R. App.P. 3(c):1

In criminal actions an appeal as of right by the state lies only from an order or…