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STATE v. COTTRELL

868 S.W.2d 673 (1992)

STATE of Tennessee, Appellee, v. Scottie COTTRELL, Appellant.

Court of Criminal Appeals of Tennessee, at Nashville.

Permission to Appeal Denied March 22, 1993.

Attorney(s) appearing for the Case

N. Reese Bagwell, Clarksville, for appellant.

Charles W. Burson, Atty. Gen. and Reporter, C. Mark Fowler, Asst. Atty. Gen., Nashville, Arthur Bieber, Asst. Dist. Atty. Gen., Clarksville, for State of Tennessee.

OPINION

WADE, Judge.

The defendant, Scottie Cottrell, appeals from his convictions for driving under the influence (second offense) and violation of the implied consent statute. In a bifurcated trial, the jury decided the issue of whether the defendant was guilty of DUI and violation of the implied consent law. By agreement, the trial judge determined whether the DUI offense was a first or second. After determining

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