State v. Randy Watson

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
SEPTEMBER 1997 SESSION
FILED
September 17, 1997
Cecil Crowson, Jr.
STATE OF TENNESSEE, ) Appellate C ourt Clerk
) NO. 02C01-9610-CR-00377
Appellee, )
) SHELBY COUNTY
VS. )
) Hon. Bernie Weinman, Judge
RANDY S. WATSON, )
) (Habitual Motor Vehicle Offender)
Appellant. )
FOR THE APPELLANT: FOR THE APPELLEE:
BRETT B. STEIN JOHN KNOX WALKUP
100 N. Main Street Attorney General and Reporter
Number 3102
Memphis, TN 38103 KENNETH W. RUCKER
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
REGINALD HENDERSON
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103
OPINION FILED:
AFFIRMED
JOE G. RILEY,
JUDGE
OPINION
Appellant contends the Habitual Motor Vehicle Offender Act (HMVO Act)
violates double jeopardy principles. On May 9, 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 in State v. Spears, C.C.A. No. 02C01-9606-
CR-00197 (Tenn. Crim. App. filed July 10, 1997, at Jackson), and State v. Rowlett,
C.C.A. No. 01C01-9605-CC-00211 (Tenn. Crim. App. filed August 22, 1997, at
Nashville). Upon review of the record before us, we find nothing to cause us to hold
differently.
CONCLUSION
For the foregoing reasons, we AFFIRM the judgment of the trial court.
JOE G. RILEY, JUDGE
CONCUR:
JOE B. JONES, PRESIDING JUDGE
DAVID H. WELLES, JUDGE
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