# FILED

January 13, 1999 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CRIMI NAL APPEALS OF TENNESSEE AT JACKSON DECEMBER 1998 SESSION STATE OF TENNESSEE, * C.C.A. # 02C01-9805-CR-00140 Appellee, * SHELBY COU NTY VS. * Hon. Bernie W einman, Judge AARON CARROLL, * (Habitual Motor Vehicle Offender) Appellant. *
For Appellant : For Appellee : William C. Gosnell, Attorney John Knox Walkup 217 Exchange Avenue Attorney General and Repor ter Memphis, TN 38105 Elizabeth T. Ryan Assistant Attorney Gener al 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493

OPINION FILED:__________________________ AFFIRMED GARY R. WADE, PRESIDING JUDGE2 OPINION The defendant, Aaron Carroll, w as convicted as a habitual motor vehicle offender. The trial co urt imposed a Range II sentenc e of two years for the Class E felony; the sentence is to be served on weekends over a period of ninety days. In this appeal of ri ght, the defendant challenges the sufficiency of the evidence and argues that the sentence is excessive. Because the evidence is adequate to support the conviction and the record of the sen tencing hearing is incomplete, the judgment must be affirmed.

On February 14, 1997, Shelby County Officer Gregory D. Jackson, while on routine patrol , was almost struck by a car he later determined to be operated by the defendant. When he stopped the vehicl e, the officer observed the defendant in the driver's seat, the defendan t's wife in the passenger's seat, and their son in the back seat. The officer tes tified that he never lost s ight of the car or noticed any movement wi thin the car. Afterward, Officer Jackson determined that the defendant had been declared a habitual motor vehicle offender and barred from operating an automobile.

At trial, the defendant's wi fe, Katherine Campbell, testified that she was actually the driver of the car. She admitted, however, that she did not inform the officer at the time of arrest that she was the driver. The def endant's son, Cory Campbell, also claimed that M s. Campbell was driv ing. On appeal, the state is entitl ed to the strongest legi timate view of the evidence and all reasonabl e inferences which might be drawn therefrom. State v. Cabbage , 571 S.W.2d 832, 835 (Tenn. 1978). The credibilit y of the witnesses, the weight to be given their testimony, and the reconciliation of conflicts in the evidence3 are matters entrusted excl usively to the jur y as the trier of fact. Byrge v. State , 575 S.W.2d 292, 295 (Tenn. Crim. App. 1978). A conv iction may only be set

aside when the reviewing c

ourt finds that the "evidence i s insufficient to support the finding by the trier of fact of guilt beyond a reasonable doubt. " Tenn. R. App. P. 13 (e). A jury verdict, approved by

the trial judge, accr

edits the testimony of the w itnesses for the state and resolves all conflicts in favor of the theory of the prosecution. State v. Hatchett , 560 S.W.2d 627, 63 0 (Tenn. 1978).

In our view, the jur

y had a rational basis for their verdict. They

acted within their prerogative in accrediting the testimony of Officer Jackson and rejecting that of the defendant's wife and son.

The record does not include a tr anscript of the sentencing hear ing. The Range II sentence imposed is within the statutory

guidelines. See Tenn. Code Ann. § 55-10-616. The burden is on the defendant to prepare an accurate acc ount of what transpired in the trial court with regard to the issues on appeal. Tenn. R. App. P. 24(b). The failure to do so results in a presumption th at the trial court correctly ruled. State v. Bunch , 646 S.W.2d 158, 160 (Tenn. 1983).

Accordingly, the j udgment is affirmed.

_________________________________ Gary R. Wad e, Presiding Judge4 CONCUR:

__________________________________ Thomas T. W oodall, Judge

__________________________________ John Everett Williams, Judge