State of Tennessee v. William George Soller, Jr.

The Defendant, William George Soller, Jr., was convicted of driving under the influence (DUI), fourth offense, a Class E felony. The Defendant pled guilty to violation of the implied consent law (Count 2) and driving on a revoked license (Count 3), both Class A misdemeanors. Following a sentencing hearing, the Defendant was sentenced as a multiple offender to forty months to serve at 35% for the DUI conviction, eleven months and twenty-nine days in the county jail, suspended to five days and the remainder on supervised probation for Count 2, and eleven months and twenty-nine days in the county jail, suspended to forty-five days and the remainder on supervised probation for Count 3. The trial court ordered the sentences to be served concurrently to one another but consecutively to sentences imposed in a separate case. In his appeal as of right, the Defendant contends that (1) the trial court erred in denying the motion to suppress because the officer did not have reasonable suspicion to stop the Defendant, (2) the evidence was insufficient to support his conviction for DUI, and (3) the trial court erred in sentencing the Defendant as a Range II offender. Following our review, we affirm the judgment but conclude that the trial court improperly classified the Defendant as a Range II offender. Accordingly, we remand the case for proceedings consistent with this opinion.