### IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on

Briefs J anuary

7, 2003 STATE OF TENNESSEE v. DWAYNE NELVIS SLOCUM Direct Appeal from the Circuit Court for F ayette County No. 5218 Jon Kerry Blackwood, Judge

No. W2002-01980-CCA-R3-CD - Filed Mar ch 14, 2003

The defendant appeals his effective ten- year c ommunity corrections sentenc e with a requirement

of 160 day s of jail tim

e after pleading guilty to violatin g a hab itual moto r v ehicle offender order, driving under the influence - 4 th offense, and resisting arrest. The defendant

filed no transcripts of the guilty plea submission hear ing or sente ncing h earing. These hearin gs are ess ential fo r appell ate review. Therefore, we must presume that the trial court is correct. We affirm the judgments of the trial court.
Tenn. R. App. P. 3 Appe al as of Right ; Judgme nts of the Ci rcuit Co urt Affirm ed
J OHN E VERE TT W IL LI AMS , J., delivered the opinion of the court, in which J OE G. R ILEY and A LAN E. G LENN , JJ., joined. Clifford K. McGown, Jr., Waverly, Tenne ssee (on appeal); and Gary F. Antrican, D istrict Public Defender, and Shana McCoy-Johnson, Assistant Public Defender (at tria l and on appeal), for the appellant, Dway

ne Nelvis Slocum. Paul G. Summers, Attorney Gene ral and Repo rter; J. Ross Dyer, Assistant Attorney General; and Elizabeth T. Rice, District Attorney Ge neral, for the appellee, State of Tennesse e.

OPINION The defenda

nt, Dwa yne Nelvis Sloc

um, appea

ls his eff ective te n-y ear com

munit y correction s sentence w i th a requirement of 160 day s of jail time after pleading guilty to violating a habitual motor vehicle offender order, driving under the influence- 4 th offense, and resisting arrest. The trial court sentenc ed the defendant

on Count 1, c oncurre

nt with Coun

t 3 and consecutive to Count 2, as a Ran ge III persistent offender, to five year s for violating a habitual motor vehicle offender or der. The trial cou

rt senten ced the d efenda nt on Count 2 , concur

rent w ith Count 3 and con secutive to Count 1, as a Range I

II persistent offender, to five y ears for driving under the influence - 4 th offense.-2-

The defenda

nt was sen

tenced t o 30 day s, concu

rrent wi th Count 1 and Count 2, for resisting arrest. The trial cou

rt order ed that th e defen dant ser

ve 160 da ys i n the coun

ty ja il followe d by

community corrections. The defendant contends that the trial court erred in imposing consecutive sentenc es, however , he has failed to include a transcript of the sentencing hearing or the

guilty plea he aring. TheState su bmits that th e defendant’s failure to include a full rec ord results in the waiver of the issues on appeal.
It is the duty of the defe

ndant to prepare a

record that conv ey s a fair, accura te, and c omplete account of what tr

anspire d in the tri al court with resp ect to the

issues t hat f orm the basis for the appeal. Tenn. R. A

pp. P. 24(b ); State v. Miller , 737 S.W .2d 556, 558 (Tenn. Crim. App. 1987). When the record is incomplete and does not contain information relevant to aparticu lar issue , this Court may not make a r

uling and must presume the correctness of the trial c ourt. See id. , 737 S.W.2d 556, 558 (Tenn. Cr im. App. 19 87); State v. Cooper , 736 S.W.2d 125, 131 (Tenn. Crim. App. 1987). The def

endant r equests this Court to review the length and manner of service of his sentence. After a review of the record, we c onclude the transcripts of the guilty plea submission hearing and sentencing hearing are essential for a ppellat e re view. In their absence , we must presume the judgments of the trial court are corre ct. Conclusion Accordingly , we affirm the judgments of the trial court.

___________________________________ JOHN EVERETT WILL IAMS, JUDGE