State of Tennessee v. Malinda L. Mason

Defendant, Malinda L. Mason, was indicted for driving under the influence of an intoxicant and for violation of the implied consent law. Following a jury trial, Defendant was convicted of driving under the influence, fifth offense, and sentenced to twenty-one months in the county workhouse as a Range I, standard offender. Defendant's sole issue on appeal challenges the trial court's denial of her request for a mistrial. When this case was originally before this court, we affirmed the judgment of the trial court. Subsequently, Defendant filed an application for permission to appeal to the supreme court. On August 22, 2005, the supreme court granted the application and remanded to this Court for reconsideration in light of Walsh v. State, 166 S.W.3d 641 (Tenn. 2005). After reviewing this case in light of Walsh, we reverse the conviction and remand for a new trial.