State of Tennessee v. Cristobal J. Quintana II

The Defendant, Cristobal J. Quintana II, was convicted by a Davidson County Criminal Court jury of second offense driving under the influence (DUI), a Class A misdemeanor; possessing an open container of alcohol while operating a motor vehicle, a Class C misdemeanor; and violation of the financial responsibility law, a Class C misdemeanor.  See T.C.A. §§ 55-10-401(1) (2020) (DUI), 55-10-402(a)(2) (Supp. 2022) (subsequently amended) (sentencing for second-offense DUI), 55-10-416 (open container law), 55-12-139 (2020) (financial responsibility).  He was also found civilly liable by the trial court for violation of the implied consent law. See id. § 55-10-406 (2020) (subsequently amended) (implied consent).  The trial court imposed an effective eleven-month, twenty-nine-day sentence, forty-five days of which was to be served in jail, and the balance on probation.  On appeal, the Defendant contends that the trial court erred in denying his motion to dismiss the superseding indictment for second offense DUI and that the evidence is insufficient to support his convictions and the finding on the implied consent violation.  We affirm the judgments of the trial court and remand for correction of clerical errors on the judgment forms for Counts 1, 2, and 3.