STATE OF TENNESSEE v. BOBBY JOE CAMPBELL, E2016-00389-CCA-R3-CD

On May 22, 2014 officers found Bobby Joe Campbell slumped over the steering wheel of a running Dodge Challenger parked at a gas station; he was difficult to rouse, smelled of alcohol, and admitted drinking.
Officers observed poor performance on one‑legged‑stand and walk‑and‑turn tests; Cookenhour opined Campbell was impaired. Campbell refused blood testing.
Campbell testified he had pulled over to nap, denied being intoxicated, and claimed cowboy boots prevented valid field‑sobriety testing.
A jury convicted Campbell of DUI (second offense). The trial court sentenced him to 11 months, 29 days with 180 days confinement and the remainder on probation.
On appeal Campbell contended (1) plain‑error/mistrial for a juror comment about an officer, (2) insufficiency of evidence as to "physical control," and (3) sentencing error as to confinement length.

Issue	Campbell's Argument	State's Argument	Held
Whether trial court erred (plain error) by not declaring mistrial after a juror said Officer Cookenhour "was a good student"	The juror’s complimentary remark prejudiced the jury and required a mistrial	Court adequately inquired, excused the juror, no evidence of prejudice to remaining jurors; defendant waived contemporaneous objection	No plain error; excusal was sufficient and no prejudice shown
Whether evidence was sufficient to prove "physical control" of vehicle while intoxicated	Campbell argued he had secured the car, was asleep, and not in physical control	Officers found him behind wheel, engine running, with keys/ability to operate car; smelled of alcohol; failed sobriety tests; admissions of drinking	Evidence sufficient under totality of circumstances to support conviction
Whether trial court erred in ordering 180 days confinement (discrepancy between transcript and judgment)	Implied challenge to confinement length / judgment entry	Trial court justified upward deviation from minimum based on extensive driving‑related record; transcript controls when judgment conflicts	Sentence within range and reasonable; affirm but remand to correct judgment to show 180 days confinement

Cooper v. State, 321 S.W.3d 501 (Tenn. 2010) (plain error review framework)
Saylor v. State, 117 S.W.3d 239 (Tenn. 2003) (mistrial standard; manifest necessity)
Lawrence v. State, 849 S.W.2d 761 (Tenn. 1993) (factors for "physical control")
Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of the evidence standard)
Bise v. State, 380 S.W.3d 682 (Tenn. 2012) (presumption of reasonableness for within‑range sentencing)
Moore v. State, 814 S.W.2d 381 (Tenn. Crim. App. 1991) (transcript controls when conflict with judgment)