State v. David Prentice ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
NOVEMBER 1997 SESSION
STATE OF TENNESSEE, )
) NO. 02C01-9611-CR-00425
Appellee, )
) SHELBY COUNTY
VS. )
) HON. JAMES C. BEASLEY, JR.,
DAVID S. PRENTICE, ) JUDGE
)
Appellant. ) (Habitual Motor Vehicle Offender)
FOR THE APPELLANT: FOR THE APPELLEE:
A. C. WHARTON, JR. JOHN KNOX WALKUP
Shelby County Public Defender Attorney General and Reporter
WALKER GWINN CLINTON J. MORGAN
Assistant Public Defender Assistant Attorney General
201 Poplar Avenue, Suite 201 450 James Robertson Parkway
Memphis, Tennessee 38103 Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
LEE V. COFFEE
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, Tennessee 38103
OPINION FILED:
AFFIRMED
JOE G. RILEY,
JUDGE
OPINION
Appellant, David S. Prentice, contends the Habitual Motor Vehicle Offender
Act (HMVO Act) violates double jeopardy principles. On May 23, 1996, appellant was
declared an Habitual Motor Vehicle Offender (HMVO) based upon appropriate prior
convictions. His motion to dismiss based upon double jeopardy was denied.
We AFFIRM the order of the trial court.
DOUBLE JEOPARDY AND THE HMVO ACT
State v. Conley, 639 S.W.2d 435, 437 (Tenn. 1982), found the double
jeopardy defense to be unavailable to the HMVO declaration since the revocation of
driving privileges is remedial and not punitive in nature. This reasoning has been
followed in recent months by this Court. See State v. Watson, C.C.A. No. 02C01-
9610-CR-00377 (Tenn. Crim. App. filed September 17, 1997, at Jackson); State v.
Rowlett, C.C.A. No. 01C01-9605-CC-00211 (Tenn. Crim. App. filed August 22, 1997,
at Nashville); State v. Spears, C.C.A. No. 02C01-9606-CR-00197 (Tenn. Crim. App.
filed July 10, 1997, at Jackson). We see no reason to deviate from these holdings.
CONCLUSION
For the foregoing reasons, we AFFIRM the judgment of the trial court.1
JOE G. RILEY, JUDGE
CONCUR:
GARY R. WADE, JUDGE
DAVID G. HAYES, JUDGE
1
The notice of appeal was untimely filed; however, we waive the timely filing
requirement. Tenn. R. Crim. P. 4(a).