State v. Mark Boone

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON AUGUST 1999 SESSION STATE OF TENNESSEE FILED V. No. W1998-00582-CCA-R3-CD December 29, 1999 MARK LEE BOONE Cecil Crowson, Jr. Appellate Court Clerk Concurring and Dissenting Opinion I concur in the majority’s opinion, except for the affirmance of the defendant’s DUI conviction. In my view, this court should hold under the plain error rule that double jeopardy principles dictate the reversal of the DUI conviction and the dismissal of that case. The aggravated vehicular homicide conviction was based upon Tennessee Code Annotated sections…