STATE v. McCLINTOCK


732 S.W.2d 268 (1987)

STATE of Tennessee, Appellee, v. Robert McCLINTOCK, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

April 27, 1987.


Attorney(s) appearing for the Case

Paul J. Morrow, Jr., Nashville, for defendant-appellant.

Deborah S. Swettenam, Tennessee Ass'n of Criminal Defense Lawyers, Dickson, for amicus curiae.

W.J. Michael Cody, Atty. Gen. and Reporter, Albert L. Partee, III, Asst. Atty. Gen., Paul DeWitt, Asst. Dist. Atty. Gen., Nashville, for appellee.


OPINION

DROWOTA, Justice.

This case is before the Court to resolve significant questions concerning the proper procedure for determining the validity of a facially sufficient conviction under T.C.A. § 55-10-401, et seq. (DUI), when such a conviction is used to enhance punishment on subsequent DUI convictions. Defendant, Robert McClintock, voluntarily entered a plea of guilty to DUI; his sentence was enhanced by the trial court under T.C.A. &...

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