State of Tennessee v. Zan Ray McCracken

The defendant appeals from his Sullivan County Criminal Court conviction and sentence for driving under the influence (DUI), second offense, a Class A misdemeanor. The trial court sentenced the defendant to eleven months and 29 days, with a six-month period of confinement, 45 days of which had to be served in continuous confinement. After the six-month confinement period, the defendant would serve the balance of the sentence on supervised probation. The trial court approved a $1,200 fine recommended by the jury. In this direct appeal, the defendant complains that the evidence at trial was insufficient to support his conviction, that the trial court committed reversible error in the guilt phase by allowing the jury to be informed that the defendant previously had been convicted of DUI, and that his sentence is excessive. We affirm the judgment of the trial court but remand for entry of a conforming judgment.