State of Tennessee v. Jeffrey Lee Fields

A Carroll County Circuit Court jury convicted the defendant of driving under the influence of an intoxicant (DUI), third offense, see T.C.A. § 55-10-401 (2006), possession of a handgun while under the influence of an intoxicant, see id. § 39-17-1321(a) (2006), and possession of marijuana, see id. § 39-17-418(a), all Class A misdemeanors. The jury acquitted the defendant of unlawful possession of drug paraphernalia, rolling papers, see id. § 39-17-425(a)(1) (2006), and unlawful possession of a prohibited weapon, a throwing star, see id. § 39-17-1302(a)(8) (2006). The court sentenced the defendant for the DUI conviction to 11 months and 29 days suspended after serving 120 days. For the possession of a handgun charge he received 11 months and 29 days suspended after serving 30 days. Likewise, he received 11 months and 29 days suspended after 30 days for the possession of marijuana conviction. All sentences were to run concurrently. The defendant filed a timely notice of appeal and complains, only in regards to his DUI conviction, that (1) the trial “was fundamentally unfair due to the State’s failure to preserve the video tape of the field sobriety tests . . ., which . . . would have been exculpatory in nature,” and (2) “the verdict . . . was unreliable based upon [the deputy’s] erroneous testimony . . . concerning the Breathalyzer Machine and the test he gave and the manner in which he gave it.” After review of the record and the briefs submitted by the parties, we affirm the judgment of the trial court.