State of Tennessee v. Richard E. Brown, Jr.

State of Tennessee v. Richard E. Brown, Jr.
M2010-01945-CCA-R3-CD

Following a bench trial, the Defendant, Richard E. Brown, Jr., was convicted of one count of driving on a revoked license. See Tenn. Code Ann. § 55-50-504. In this appeal as of right, the Defendant contends (1) that the trial court improperly found him guilty of driving on a revoked license when the indictment charged him with driving on a suspended license; (2) that he could not be convicted of driving on a revoked license because the Department of Safety never revoked his license; and (3) that he did not effectively waive his right to a jury trial. Following our review, we conclude that the Defendant’s driver’s license had not been revoked, as the term is defined in Tennessee Code Annotated section 55-50-102, prior to the alleged criminal act. Accordingly, we reverse and dismiss the Defendant’s conviction for driving on a revoked license.

Authoring Judge: 
Judge D. Kelly Thomas, Jr.
Originating Judge: 
Judge Timothy L. Easter
Date Filed: 
Thursday, September 8, 2011