FILED

January 13, 1999

Cecil Crowson, Jr.

Appellate C ourt Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

MARCH SESSION, 1998

STATE OF TENNESSEE, ) C.C.A. NO. 02C01-9706-CC-00217

)

Appellee, )

)

) MADISON COUNTY

VS. )

) HON. JOHN FRANKLIN MURCHISON

CONNIE LEE WILSON, ) JUDGE

)

Appellant. ) (Direct Appeal - Sentencing)

FOR THE APPELLANT: FOR THE APPELLEE:

C. MICHAEL ROBBINS JOHN KNOX WALKUP

3074 East Street Attorney General and Reporter

Memphis, TN 38128

Appellate Counsel GEORGIA BLYTHE FELNER

Assistant Attorney General

GEORGE MORTON GOOGE 425 Fifth Avenue North

District Public Defender Nashville, TN 37243

227 W est Baltimore St.

Jackson, TN. 38301 JERRY WOODALL

District Attorney General

NICK NICOLA

Assistant District Attorney

P. O. Box 2825

Jackson, TN 38301

ORDER FILED ________________________

AFFIRMED PURSUANT TO RULE 20

JERRY L. SMITH, JUDGE
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ORDER

On December 19, 1996, Appellant, Connie Lee Wilson, pled guilty to

Driving After Having Been Declared an Habitual Motor Vehicle Offender and

Driving Under the Influence. The Circuit Court for Madison County entered a

show cause order as to why Appellant’s probation for three previous D.U.I.

offenses should not be revoked. On February 14, 1997, after a sentencing

hearing, the trial court revoked Appellant’s probation on the prior offenses and

sentenced Appellant to two years in the Tennessee Department of Correction for

the offense of Driving After Being Declared an Habitual Motor Vehicle Offender

and to eleven months and twenty-nine days to be served at 75% for the offense

of Driving Under the Influence 5th offense. The trial court further ordered these

sentences to be served consecutively to one of Appellant’s sentences for a prior

offense (indictment number 94-827). In this appeal, Appellant presents the

following issue for review:

(1) whether the trial court erred in running Appellant’s sentence for the

current offense consecutive to her sentence in indictment number 94-827.

After a review of the record, we affirm the judgment of the trial court

pursuant to Court of Criminal Appeals Rule 20.

Appellant contends that the trial court erred in ordering her sentence for the

current offense to run consecutive to the sentence in indictment number 94-827.

Appellant contends that the probationary period on 94-827 had run prior to the

show cause hearing, effectively preventing the trial court from revoking her
1

The Honorable Joe B. Jones died May 1, 1998. We appreciate his service to the State of

Tenn essee and this C ourt. 

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probation for that offense. Appellant has failed to present a record upon which

this Court can determine the timing of her service of the prior sentences. Upon

appeal, the burden of presenting to this Court a record which provides all

necessary materials for disposition of the issues on appeal rests on the appellant.

Rules of Appellate Procedure Rule 24; State v. Banes, 874 S.W.2d 73 (Tenn.

Crim. App. 1993) (citing State v. Bunch, 646 S.W.2d 158, 160 (Tenn.1983); State

v. Roberts, 755 S.W.2d 833, 836 (Tenn. Crim. App. 1988), perm. to appeal

denied, (Tenn.1988)). Due to the incomplete nature of this record, this Court is

precluded from considering this issue. See State v. Bennett, 798 S.W.2d 783

(Tenn. Crim. App. 1990) cert denied, 500 U.S. 915, 111 S.Ct. 2009, 114 L.Ed. 2d

98 (1991).

Accordingly, we affirm the judgment of the trial court pursuant to Court of

Criminal Appeals Rule 20. Appellant may remain on current bond pending the

timely filing and or disposition of an application for permission to appeal. Costs

of the appeal will be paid by the State.

____________________________________

JERRY L. SMITH, JUDGE

CONCUR:

 See Below 

JOE B. JONES, PRESIDING JUDGE1

___________________________________

GARY R. WADE, JUDGE