State of Tennessee v. Martin J. McMurray

The defendant, Martin J. McMurray, was convicted by a Sullivan County Circuit Court jury of driving a lawnmower while under the influence (“DUI”), a Class A misdemeanor; violation of an habitual traffic offender order (“HMVO”), a Class E felony; driving under the influence with a blood-alcohol concentration over .08% (“DUI per se”), a Class A misdemeanor; and DUI, sixth offense, a Class E felony. The trial court merged the DUI and DUI per se convictions into the DUI, sixth offense, conviction and sentenced the defendant to three years on that conviction. The trial court sentenced the defendant to three years for the HMVO conviction, to be served consecutively to the DUI, sixth offense, conviction for an effective sentence of six years in the Department of Correction as a Range II, multiple offender. The trial court further ordered that the sentences be served concurrently with a violation of probation in another case. On appeal, the defendant argues that: (1) the evidence is insufficient to sustain his convictions for DUI; (2) he received the ineffective assistance of counsel at trial and at the motion for new trial; (3) the trial court abused its discretion in denying his motion for a continuance; (4) the trial court imposed an excessive sentence; and (5) the trial court abused its discretion in denying his motion for recusal. After review, we affirm the judgments of the trial court.