State v. Cooper, 2011 Tenn. LEXIS 191

Arrested January 26, 2008 for erratic driving, failing field sobriety, and BAC .22%; charged with DUI and DUI per se under Tenn. Code Ann. § 55-10-401(a)(1)-(2).
Defendant Alecia Cooper pled guilty to both DUI counts; trial court sentenced concurrent eleven months, twenty-nine days to be served at 100% with furlough after 90 days upon inpatient alcohol treatment.
Court of Criminal Appeals affirmed, holding proper consideration of mitigating/enhancing factors warranted maximum sentence.
This Court granted permission to address (1) double jeopardy issue from two convictions and (2) whether furlough after 90 days complied with the Criminal Sentencing Reform Act of 1989.
Statutory framework: misdemeanor sentences must comply with the 1989 Act; DUI offenses are excluded from certain Act provisions; trial court must establish percentage to be served before rehabilitative program eligibility.
Court held two judgments of conviction for a single episode violate double jeopardy and the sentencing structure violated the misdemeanor sentencing statute; case remanded for merger of convictions and reimposition of a compliant sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are there double jeopardy concerns with two DUI convictions for a single episode?	Cooper argues separate DUI judgments are permissible.	State contends separate judgments may be entered if merged later.	Two judgments violate double jeopardy; must merge into one DUI conviction.
Does the sentence comply with the misdemeanor sentencing statute and 1989 Act?	Cooper argues sentence structure permits rehabilitative release after 90 days.	State argues statute allows consideration of rehabilitative programs after a service percentage.	Sentence structure violates statute; remanded for a compliant single DUI sentence with proper percentage and rehabilitative timing.

State v. Conway, 77 S.W.3d 213 (Tenn. Crim. App. 2001) (double jeopardy precludes two judgments for DUI where based on a single episode)
State v. Cribbs, 967 S.W.2d 773 (Tenn. 1998) (merge counts for related offenses; jury verdicts may be merged into one judgment)
State v. Fletcher, 805 S.W.2d 785 (Tenn. Crim. App. 1991) (appellate review of misdemeanor sentencing; deference to trial court findings)
State v. Ashby, 823 S.W.2d 166 (Tenn. 1991) (trial court discretion in sentencing; own facts control)
State v. Palmer, 902 S.W.2d 391 (Tenn. 1995) (DUI sentencing requires authorized determinant sentence and proper service percentage)