State of Tennessee v. Ramey Michelle Long

The Appellant, Ramey Michelle Long, was convicted by a jury of the Class A misdemeanors driving under the influence (DUI); DUI, second offense; possession of marijuana; and possession of drug paraphernalia. The Appellant was also convicted of the Class C misdemeanors speeding and violating the open container law. The trial court merged the DUI convictions and imposed a sentence of eleven months and twenty-nine days for each Class A misdemeanor and thirty days for each Class C misdemeanor. The court ordered the sentence for the DUI conviction to be served consecutively to the remaining sentences, which were to be served concurrently. The trial court further approved of the fines imposed by the jury, which were the maximum allowable for each offense, for a total of $8,600. On appeal, the Appellant contends that (1) the evidence was insufficient to sustain her conviction of DUI, second offense; (2) the trial court erred by denying her motions to suppress; (3) the trial court erred by preventing her from introducing her pharmaceutical records, medical records, hardware taken from her back during surgery, and a hand-drawn chart concerning the therapeutic levels of her medication; (4) the trial court erred by admitting still photographs taken from a video; (5) the trial court failed to dismiss the speeding charge because it was not included in the indictment; (6) the trial court erred in sentencing; and (7) the trial court erred in revoking her bond pending appeal. Upon review, we conclude that the trial court erred by imposing a thirty-day sentence for violating the open container law; accordingly, the case must be remanded for correction of the judgment of conviction to reflect that the punishment is a $50 fine. Further, on remand the judgment of conviction for speeding must be vacated and dismissed. We affirm the trial court’s judgments in all other respects.