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STATE v. BROOKS

No. M2006-02449-CCA-R3-CD.

277 S.W.3d 407 (2008)

STATE of Tennessee v. Sammy Andrew BROOKS, Jr.

Court of Criminal Appeals of Tennessee, at Nashville.

May 8, 2008.

Application for Permission to Appeal Dismissed by Supreme Court July 21, 2008.

Attorney(s) appearing for the Case

Emma Rae Tennent, Assistant Public Defender (on appeal); Jonathan Levy, Clark B. Thornton, Kyle F. Mothershead, Assistant Public Defenders (at trial), Nashville, Tennessee, for the Appellant, Sammy Andrew Brooks, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Michel-Claire Bottoms, Assistant District Attorney General, for the Appellee, State of Tennessee.

OPINION

DAVID G. HAYES, J., delivered the opinion of the court, in which ALAN E. GLENN and J.C. McLIN, JJ., joined.

The Appellant, Sammy Andrew Brooks, Jr., appeals his Davidson County jury conviction for driving under the influence, second offense, and the imposition of the resulting sentence of eleven months and twenty-nine days with service of ninety days in confinement. On appeal, Brooks raises the following issues: (1) whether the language of the DUI...

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